In recent years “professionalism” has become one of the most debated words among the engineers in Department of Roads. In such discussions, there is one more word “professional”, which comes frequently together with the word “professionalism”. So it is realized during these discussions with friends that to understand “professionalism”, one has to first dig-out the meaning of the Word- “professional”.

The frequent discussion with so called “professional friends” revealed that professionals are people who:

The list may go on and on but it seems all of this list can be summarized in one sentence: professionals are persons with integrity. It is honesty in use of one’s own skill and knowledge in others’ service. If, the above list is considered as the characteristics of a professional person, then someone
having high skill and number of degrees alone cannot become a ‘professional’ until and unless s/he reliably and consistently demonstrates the characteristics listed above. It is “integrity” of the person that makes a person a true professional.

on the context where it is being used. But with the above characteristics for a professional, the word professionalism is more about “attitude” and “character”. These are “shanskar” to promote integrity (Bhagwat Geeta).

According to Bhagwat Geeta, attitudes and character are inherent human qualities and they can be “good” or “bad”. A good attitude and character can easily enhance integrity of a person.

Professionalism may have still many meanings but to us (we civil servants working in the Government offices) it is rather a commitment to quality, a dedication to the

Dispute
If one party asserts a right and the other repudiates the same, that is a dispute. Similarly any question on which parties join issue and in which the court can legally enquire into is a dispute. Failure to perform the contract and to pay the amount claimed may take place under such circumstances as may lead to the interference of repudiation and denial of the right of the other party. Coupled with other circumstances, a failure to pay a claim may constitute a difference between the parties. Failure to pay under a claim of right is certainly a dispute.

Arbitration Clause
The arbitration clause is distinct from the other clauses in the contract. The arbitration clause stands apart from the rest of the contract. Thus the question as to whether the contract becomes impossible of performance and was discharged under the doctrine of frustration will still have to be decided under the arbitration clause which operates in respect of such purposes.

A contract is the creation of an agreement between the parties and where the parties under the terms of the contract agree to incorporate an arbitration clause, that clause stands apart from the rights and obligations under the contract, as it is incorporated with the object of providing a machinery for the settlement of disputes arising in relation to or in connection with the contract. Any question relating to the unilateral repudiation or of full and final settlement would be a question relating to the performance or discharge of the contract and hence is liable to be referred to arbitration.

Whether performance of the contract has come to an end, but the contract is still in existence for certain purposes in respect of disputes arising under it or in connection with it, the arbitration clause survives and further action in terms thereof has to be taken.

Dispute resolution provisions in Public Works Directives (PWD): PWD Part II Procedural Directives Volume A. General Directives has outlined the dispute resolution procedures in its chapter 11. In this chapter dealing with the dispute resolution procedures it suggests that when a dispute occurs between the contracting parties on the certifications, determinations, instructions or opinion of the Consultant, the dispute should be settled in three steps as follows:

1. Refer the dispute to a Dispute Adjudication Board
2. Amicable settlement
3. Arbitration

It further suggests that for smaller contracts, the first two steps are considered sufficient while for large contract, arbitration procedures may become necessary. Then it further suggests few guidelines for the settlement of disputes: