Annexure A1 tender document contains the following arbitration clause:
“6.37.3 In the case of a dispute or difference arising between the Tender Inviting Authority and a domestic Successful tenderer relating to any matter arising out of or connected with the contract, such dispute or difference shall be referred to the sole arbitration of Secretary to Health, Govt. of Kerala whose decision shall be final.”
The dictionary meaning of the word 'domestic' is -- 'ones own country not foreign or international'. Therefore the petitioner is undoubtedly a domestic successful tenderer who is governed by clause 6.37.3 of Annexure A1 tender document extracted above.
2. Clause 6.37.3 provides for resolution of the disputes/ differences between the parties by arbitration. The arbitrator named thereunder is the Secretary to Health, Government of Kerala. Such appointment procedure is agreed upon by the parties under clause 11(6) of the Arbitration and Conciliation Act, 1996. A dispute has evidently arisen between the petitioner 2 A.R. No. 32/2014 and the respondent which has to be resolved by arbitration.
3. I therefore appoint the Secretary to Health, Government of Kerala as the sole arbitrator in terms of the Arbitration and Conciliation Act, 1996. The arbitrator is free to fix the venue of hearing to suit the convenience of parties and also the fee.
The Arbitration Request is allowed.
ncd V. CHITAMBARESH JUDGE