A COMPENDIUM
ON

ARBITRATION ON RAILWAYS
(Revised)

(Applicable to Works Contracts Governed by GCC-1999 and
Arbitration & Conciliation Act of 1996)

(For official use only)

Compiled by Ashutosh Gupta Dy CE/C/HQ
Assisted by Mrs S Ghosh Chief Law Asst.
and Mrs Anita D’cunha Sr Steno

Foreword

It is really heartening to know that the officers and staff of Headquarters Office have taken great pains to compile a Compendium on Arbitration.The rise in the number of Arbitration cases makes it necessary for all officers to have complete knowledge of the subject so that no lapse is committed on account of ignorance of law.I am sure that the laudable efforts made by Headquarters Officers and staff in this direction would help the Officers and staff to deal Arbitration in effective manner.

(S P Vatsa)
CAO(C)

Prologue

The need for compiling a compendium on instructions pertaining to Arbitration was felt with an objective of making a unified reference book for consultation and guidance of Officers, dealing with arbitration. The new Arbitration & Conciliation Act, 1996 has brought sweeping changes in concept, constitution and procedure of Arbitration. Lack of clarity or ignorance about Arbitration rules and Act leads to improper awards.

The first such compendium was issued by Central Railway in May, 2002. While the Compendium has served an extremely useful purpose of guiding the Railway functionaries, some instructions still required to be added and circulated.

The printed version is being followed up by a digital version which will have all main topics and chapter hyperlinked. The version will also be available on Central Railway Construction website www.crconstruction.org.

The Officers and staff of CAO(C) Office Central Railway, Mumbai will be deeply indebted for any suggestions and additions.

The labour in compilation is equally shared by Smt. S Ghosh, Law Suptt. And Smt. Anita D’cunha, Sr Steno with active support of the staff of Law Section.

We are deeply indebted to our CAO(C) Shri S P Vatsa for the encouragement. We are also grateful for the guidance given by Shri Chetan Bakshi, CE(C) MTP to enable us to compile the compendium.

(Ashutosh Gupta)
Dy CE(C) HQ

CENTRAL RAILWAY

CAO (C) 's office, C Rly New Admn. Bldg., 6th floor, CST, Mumbai-1

No. EW/187/R/465/Comp/CIR Date: 09.12.2003

CE(C) North, South, Central, MTP, Survey
FA&CAO(C), FA&CAO(C)MTP
CSTE(C)I, CSTE (C)II, CEE(C), CMM(C)
Dy. CE(C) Planning, Design, Stores, Survey, Dadar,
Kalyan, Panvel, Juinagar, Vashi-I, Vashi-II, Panvel Creek Bridge,
Pune, Bhusawal, Jhansi, Gwalior, Jabalpur, Ajni, Solapur, XEN(C) Bhopal

Sub: Compendium on Arbitration on Railways – Revised.
…
The last compendium on Arbitration on Railways was circulated vide letter No. EW/187/R/465/Comp/CIR dated 30.5.2002. After the issue, the GCC clause has been amended and a number of Railway Board letters issued on Arbitration. This has necessitated the issue of a revised compendium containing latest instructions on Arbitration for ready reference of Officers dealing with the subject. This booklet also contains the questions and answers included in Short Term Course on Arbitration Management at HQ Office, CST, Mumbai from 12th to 14 August, 2003 in Chapter II.

This compendium is not applicable to contracts governed by GCC-1956 and/or Arbitration Act of 1940.

It is mentioned that whenever a reference to an instruction/act is made, original Clauses of GCC-1999 or Sections of Arbitration & Conciliation Act-1996 or Railway Board/GM’s letter number should only be referred.

(Ashutosh Gupta)
Dy CE(C) HQ