Panel Of Four Arbitrators, All Ex-Employees Of One Party, Not Broad-Based: Delhi High Court
1 year, 3 months ago

Panel Of Four Arbitrators, All Ex-Employees Of One Party, Not Broad-Based: Delhi High Court

Live Law  

The High Court of Delhi has held that the composition of the panel, limited to a mere four arbitrators, all of whom are former employees of a single party, does not reflect a sufficiently broad-based representation. It further provided that out of the three members, the petitioner would choose its nominee from a panel of 4 names forwarded by the respondent and the remaining two arbitrators, including the presiding arbitrator, would be nominated by the respondent. That the Supreme Court in CORE has upheld the validity of a similarly worded arbitration clause and upheld the appointment of arbitrators from a panel maintained by one of the parties. has upheld the validity of a similarly worded arbitration clause and upheld the appointment of arbitrators from a panel maintained by one of the parties. The Court held that such a procedure is not valid in law for two reasons that the panel is not broad-based as required in terms of directions given by the Supreme Court in Voestalpine and that power given to respondent to nominate 2/3rd members of the tribunal violates the principle of 'counter-balancing' as enunciated by the Supreme Court in Perkins.

Court Tribunal Respondent Panel Appointment Petitioner Arbitrators 4 Names  clause  arbitrators  high  tribunal  petitioner  appointment  procedure  respondent  broadbased  court  panel  exemployees  party  delhi  mr

History of this topic

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC
1 week, 4 days ago

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that the mandate of the Arbitrator can be terminated under Section 14 of the Arbitration and Conciliation Act, 1996 if the Arbitrator was appointed unilaterally, which is explicitly prohibited under Section 12 of the Arbitration Act unless the ineligibility is expressly waived through a written agreement. It also held …

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court
1 month ago

Arbitral Award Not Signed By All Members Of Tribunal Can Be Set Aside If Reasons For Omission Of Missing Signature Are Not Stated: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Prateek Jalan has observed that the signature of all members of the arbitral tribunal should be available on the award as the signing of an award is not a ministerial act but a substantive requirement. The requirement is referable to the need to ensure that all members of the tribunal have had an …

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC
1 month, 1 week ago

Named Arbitrator Cannot Be Replaced Unless There Is Evidence Of Partiality Or Bias Against Them: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court bench of Justice Dhiraj Singh Thakur has held that the request for seeking appointment of an independent arbitrator other than the named arbitrator cannot be entertained if there is no evidence to show that the named arbitrator would act in a partial or biased manner. ' The Supreme Court in Indian Oil Corporation Limited and …

Award Passed By Improperly Appointed Arbitrator Is Non-Est In Law And Invalid: Delhi High Court
Trending News
1 month, 3 weeks ago

Award Passed By Improperly Appointed Arbitrator Is Non-Est In Law And Invalid: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that it is settled law that the Arbitrator is a creature of the contract and has to function within four corners of contract. As per the Arbitration Clause, the General Manager/Business Unit Head was the named Arbitrator to adjudicate the disputes between the parties. However, the respondent on 20.12.2010 …

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court
1 month, 4 weeks ago

Construction Of Terms Of Contract Must Be Primarily Decided By Arbitrator, Not Court U/S 34 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that Construction of the terms of the contract is primarily for the arbitrator to decide, unless it is found that such a construction is not at all possible. It is the case of the petitioner that the Supreme Court in 'ONGC v. Afcons Gunanusa JV' held that unilateral …

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court
2 months, 1 week ago

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court

Live Law  

The Uttarakhand High Court bench of Chief Justice G. Narendar has held that the concept of appointing a named Arbitrator, who himself is an interested party, is no longer sustainable. The main issue was whether the applicants are entitled to appointment of an Arbitrator dehors the stipulation in Clause 28.0, wherein it had been agreed that the Principal Secretary/Secretary, Department …

Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court
3 months, 3 weeks ago

Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court

Live Law  

The Patna High Court bench of Chief Justice K Vinod Chandran has held that once the person empowered to nominate an arbitrator under an arbitration clause becomes ineligible to nominate the arbitrator, the matter shall not referred to the Arbitration. On the other hand it is the case of the respondent that the Patna High Court in State of Bihar …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
4 months, 2 weeks ago

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary …

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition
9 months, 2 weeks ago

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that the arbitration clause is not invalidated merely on the ground that the number of arbitrators, as per the arbitration clause, was an even number and therefore, was in contravention of Section 10 of the Arbitration and Conciliation Act, 1996. All disputes shall be subjected to Delhi Jurisdiction only.” …

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court
1 year ago

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh dismissed the application filed under Section 11 of the Arbitration and Conciliation Act, 1996 and held that such a petition should be filed at the place of the subordinate office of the corporation. “In the present case as well, the subordinate office of the respondent is situated at Satna, Madhya …

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
1 year ago

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held aside an arbitral award noting that the arbitrator was unilaterally appointed by the Respondent. The bench held that that the unilateral appointment of the Sole Arbitrator by Respondent was non-est in law, as it contravened Section 12 read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996. …

Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court
1 year ago

Appointment Of Arbitrators From Panel Of Serving/Retired Railway Officials Contravenes Section 12(5) & 7th Schedule: Gauhati High Court

Live Law  

The Gauhati High Court single bench of Justice Michael Zothankhuma held that panel/appointment of the serving/retired officials of the Railways, as members of the Arbitral Tribunal, is hit by Section 12 and the 7th Schedule of the Arbitration and Conciliation Act. Railway himself cannot be made an Arbitrator in view of Section 12 and the 7th Schedule to the 1996 …

One Party Cannot Appoint 2/3rd Of The Arbitral Tribunal: Delhi High Court
1 year ago

One Party Cannot Appoint 2/3rd Of The Arbitral Tribunal: Delhi High Court

Live Law  

The High Court of Delhi has held that a panel for appointment of arbitrator cannot be restricted to mere 3 names as it would violate broad-based representation. The Court also reiterated that mere illegality of the appointment procedure would not make the entire arbitration clause invalid as the illegal portion can be severed with the remaining portion of the clause …

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court
1 year, 1 month ago

Even If Arbitral Award Set Aside For Non-Compliance With Section 12, Parties Can File Fresh Section 11 Application For Arbitrator Appointment: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dinesh Kumar Sharma held that mere invalidation or unenforceability of the arbitrator appointment process does not render the entire arbitration clause void. The bench held that even if an arbitration award is set aside due to unilateral appointment and non-compliance with Section 12 of the Arbitration Act, fundamental agreement between the parties …

Application Under Section 29(A) A&C Act Doesn't Constitute Express Waiver In Writing U/s 12(5) To Challenge Arbitrator's Ineligibility: Delhi High Court
1 year, 1 month ago

Application Under Section 29(A) A&C Act Doesn't Constitute Express Waiver In Writing U/s 12(5) To Challenge Arbitrator's Ineligibility: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that filing of the Section 29 application by a party did not amount to a waiver of its right to challenge the arbitrator's ineligibility under Section 12 of the Arbitration and Conciliation Act, 1996. The bench held that filing an application under Section 29A of the Arbitration Act …

GCC Clause For Appointment OF Three Gazetted Railway Officers Panel For Arbitration Violates Section 12(5) A&C: Calcutta High Court
1 year, 1 month ago

GCC Clause For Appointment OF Three Gazetted Railway Officers Panel For Arbitration Violates Section 12(5) A&C: Calcutta High Court

Live Law  

The Calcutta High Court single bench of Justice Moushumi Bhattacharya held that the clause in General Conditions of Contract stipulating appointment of a panel of three gazetted railway officers for arbitration violated Section 12 of the Arbitration and Conciliation Act, 1996, read with the Fifth and Seventh Schedules of the Act. The Petitioner approached the Calcutta High Court for appointment …

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition
1 year, 1 month ago

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the …

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024
1 year, 1 month ago

Arbitration Weekly Round Up: 26th May 2024 To 2nd June 2024

Live Law  

Delhi High Court Awarding Interest Rate Is Discretion Of Arbitrator, Can't Be Claimed As Matter Of Right: Delhi High Court Case Title: M/S Space 4 Business Solution Pvt Ltd Vs The Divisional Commissioner Principal Secretary And Anr. The bench held that: “whether to grant or refuse the interest on the principle amount, is the absolute discretion of the learned Arbitrator.” …

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court
1 year, 1 month ago

Seat Of Arbitration Inferred By Contractual Clauses & Conduct Of Parties, Venue Is Considered Seat In Absence Of Other Indications: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Anup Jairam Bhambhani held that mere expression of "place of arbitration" does not automatically indicate the seat and the determination of the seat should be inferred from other clauses in the agreement and the conduct of the parties. Ltd filed an application under Section 11 of the Arbitration & Conciliation Act 1996 …

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates
1 year, 3 months ago

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that a panel of arbitrators consisting of merely 3 persons is not broad-based, therefore, a party cannot be compelled to appoint the arbitrator from such a narrow panel. The bench of Justice Jyoti Singh also reiterated that mere participation in the arbitral proceedings cannot be constituted as a waiver to application of Section …

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates
1 year, 3 months ago

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an arbitration clause that confers on a party the right to nominate 2/3rd of arbitral tribunal violates the principles of 'counter-balancing' as sought to be achieved by the Supreme Court in the landmark judgment in Perkins. That the Supreme Court in CORE has upheld the validity of a similarly worded arbitration clause …

Panel Consisting Of 5 Arbitrators Is Not Broad-Based, Party Can’t Be Compelled To Nominate : Delhi High Court
1 year, 5 months ago

Panel Consisting Of 5 Arbitrators Is Not Broad-Based, Party Can’t Be Compelled To Nominate : Delhi High Court

Live Law  

The High Court of Delhi has held that a panel consisting of only 5 arbitrators in not broad-based and the party drawing up such a panel cannot insist or compel the other party to nominate its arbitrator from such a narrow panel. The bench of Justice Rekha Palli held that it is incumbent upon the Court to appoint the arbitrator …

Arbitration Clause Allowing One Party To Appoint 2/3rd Of Arbitral Tribunal Is Not Enforceable: Delhi High Court
1 year, 5 months ago

Arbitration Clause Allowing One Party To Appoint 2/3rd Of Arbitral Tribunal Is Not Enforceable: Delhi High Court

Live Law  

The Delhi High Court has held that an arbitration clause wherein one of the contracting party has the power to appoint the 2/3rd members of the arbitral tribunal and compels the other party to choose its nominee arbitrator from a narrow panel of only 5 names is not enforceable in law. The bench of Justice Rekha Palli held that a …

Arbitration Cases Weekly Round-Up: 17 July To 23 July 2023
1 year, 8 months ago

Arbitration Cases Weekly Round-Up: 17 July To 23 July 2023

Live Law  

Calcutta High Court: Party’s Right To Choose Arbitrator Cannot Be Revived Once It Is Surrendered To Court U/S 11 Arbitration Act: Calcutta High Court Case Title: Srei Equipment Finance Limited vs Seirra Infraventure Private Limited The Calcutta High Court has recently held that when a party forfeits its right to appoint an arbitrator in accordance with Section 11 of the …

“Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court
1 year, 8 months ago

“Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court

Live Law  

The Delhi High Court has ruled that where a party is required to appoint an arbitrator from a panel made by the other contracting parties, it is mandatory for the panel to be sufficiently broad based, in conformity with the principle laid down by the top court in Voestalpine Schienen Gmbh vs. Delhi Metro Rail Corporation Ltd, 4 SCC 665. …

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023
1 year, 9 months ago

Arbitration Cases Weekly Round- Up: 11 June To 17 June 2023

Live Law  

High Courts: Allahabad High Court: Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court Case Title: Bata India Limited & Anr. Bombay High Court: Arbitration: Application For Amendment Of Statement Of Claims Can Be Opposed On All Available Grounds, Including Ground Of Delay: …

Clause Exclusively Empowering Chief Project Manager To Appoint Arbitrator From A Panel Maintained By It, Illegal: Delhi High Court
2 years, 1 month ago

Clause Exclusively Empowering Chief Project Manager To Appoint Arbitrator From A Panel Maintained By It, Illegal: Delhi High Court

Live Law  

The Delhi High Court has reiterated that when a person has itself become ineligible by operation of law to act as an arbitrator, it cannot nominate another person to act as arbitrator. The bench of Justice Yashwant Varma was dealing with an arbitration clause which exclusively empowered the Chief Project Manager to appoint the arbitrator from a panel which was …

Clarification Sought By Arbitrator On Other Matters, Won’t Make Them Subject Of Arbitral Proceedings: Delhi High Court
2 years, 1 month ago

Clarification Sought By Arbitrator On Other Matters, Won’t Make Them Subject Of Arbitral Proceedings: Delhi High Court

Live Law  

The Delhi High Court has ruled that information and clarification sought by the Arbitral Tribunal on matters and dispute arising under other contracts, which do not form a part of the arbitral reference, will not alone make them the subject of arbitral proceedings. The petitioner, University of Delhi, filed a petition under Section 34 of the A&C Act before the …

Arbitration Cases Monthly Round-Up: January 2023
2 years, 1 month ago

Arbitration Cases Monthly Round-Up: January 2023

Live Law  

Supreme Court: Starting Point Of Limitation U/ Section 34 Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court Explains Case Title: USS Alliance versus State of Uttar Pradesh The Supreme Court has observed that the starting point for the limitation under Section 34 Arbitration and Conciliation Act, in case of suo moto correction of the award, would …

Request For Appointment Of Arbitrator, Is Not A Waiver Of Right To Disqualify Under S. 12 (5) Of The Act: Delhi High Court
2 years, 3 months ago

Request For Appointment Of Arbitrator, Is Not A Waiver Of Right To Disqualify Under S. 12 (5) Of The Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a unilateral request made by one of the parties for setting the appointment procedure in motion, as provided in the arbitration agreement, would not constitute an agreement falling under the proviso to Section 12 of the Arbitration and Conciliation Act, 1996 to waive off the disqualification contemplated under Section 12. The bench of …

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court
2 years, 3 months ago

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held a challenge to the mandate of the arbitrator on the ground of bias and a justifiable doubt with respect to the independence and impartiality cannot be raised under Section 14 of the A&C Act. The bench of Justice Yashwant Varma held that Section 14 of the Act confers the power on the Court …

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022

Live Law  

Bombay High Court: Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court Case Title: M/s. A&C Amendment Act of 2015 Applies Even If Arbitration Commenced Prior, In Case It Is Stated That Amendment Act Applies: Bombay High Court Case Title: M/s Skoda Auto Volkswagen India Private Limited versus M/s Commercial …

A Party Cannot Be Made To Nominate Its Arbitrator From A Narrow Panel Of 4 Arbitrators Consisting Of Retired Officers Of The Other Party: Delhi High Court
2 years, 4 months ago

A Party Cannot Be Made To Nominate Its Arbitrator From A Narrow Panel Of 4 Arbitrators Consisting Of Retired Officers Of The Other Party: Delhi High Court

Live Law  

The High Court of Delhi has held that a panel of arbitrator with only four names to choose from does not satisfy the concept of neutrality of arbitrators. The bench of Justice Mini Pushkarna held that the contractor cannot be made to choose its nominee arbitrator from a panel of only four names and that too when the final choice …

Appointment Of An Arbitrator From A Narrow Panel
2 years, 6 months ago

Appointment Of An Arbitrator From A Narrow Panel

Live Law  

The 'Rule Against Bias' is a widely accepted principle of Natural Justice. As far as the appointment of the arbitrator from the panel of arbitrators is concerned, the Supreme Court in Voestalpine Schienen GmbH v. Delhi Metro Rail Corporation Limited has held that the panel must be broad-based and it should include members from various fields including engineers of prominence …

Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat; Venue Is Also The Seat Of Arbitration: Allahabad High Court
2 years, 6 months ago

Participation In Arbitral Proceedings Without Protest, In Absence Of Agreement On Seat; Venue Is Also The Seat Of Arbitration: Allahabad High Court

Live Law  

The Allahabad High Court has ruled that where the parties have failed to specifically mention the seat of arbitration and have participated in the arbitral proceedings at a place without any protest, the parties shall be said to have determined, by their conduct, the said venue of arbitral proceedings as also the seat of arbitration. The petitioner averred that since …

Award Passed By A Unilaterally Appointed Arbitrator Is Non-Est, It Cannot Be A Bar To The Maintainability Of Petition Under Section 11 Of The A&C Act: Delhi High Court Reiterates
2 years, 6 months ago

Award Passed By A Unilaterally Appointed Arbitrator Is Non-Est, It Cannot Be A Bar To The Maintainability Of Petition Under Section 11 Of The A&C Act: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an award passed by a unilaterally appointed arbitrator is non-est, therefore, it cannot be a bar to the maintainability of a petition under Section 11 of the A&C Ac. The bench of Justice Sanjeev Narula held that passing of an award would not give sanctity to the non-est proceedings and the mere …

Arbitration Cases Monthly Round Up: August 2022
2 years, 6 months ago

Arbitration Cases Monthly Round Up: August 2022

Live Law  

Supreme Court: Mere Use Of Words "Arbitration" Or "Arbitrator" In A Clause Won't Make It Arbitration Agreement: Supreme Court Case Title: Mahanadi Coalfields Ltd. versus IVRCL AMR Joint Venture Citation: 2022 LiveLaw 657 The Supreme Court observed that an arbitration agreement should disclose a determination and obligation on behalf of the parties to refer the disputes to arbitration. Conduct Of …

Unilateral Constitution Of A Narrow Panel Of Arbitrators Violates Impartiality : Delhi High Court
2 years, 7 months ago

Unilateral Constitution Of A Narrow Panel Of Arbitrators Violates Impartiality : Delhi High Court

Live Law  

The High Court of Delhi has held that the power conferred on one party to unilaterally choose names from a panel of arbitrators and forwarding it to the other party to select its arbitrator from those names is violative of principle of impartiality in arbitration. The Bench of Justice Neena Bansal Krishna held that such a unilateral exercise of power …

Mentioning Referral Of The Matter To Arbitral Institution Is Sufficient; Party Not Required To Name Arbitrator: Karnataka High Court
2 years, 8 months ago

Mentioning Referral Of The Matter To Arbitral Institution Is Sufficient; Party Not Required To Name Arbitrator: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that a notice issued by a party, stating that the matter would be referred to the Council of Architecture, is sufficient for the purpose of invocation of the Arbitration Clause, since the Council of Architecture is an arbitral institution within the meaning of Section 11 of the Arbitration and Conciliation Act, 1996. The petitioner …

Delhi High Court Appoints Ex-SC Judge Madan Lokur As Arbitrator In Dispute Between Construction Firm & DTTDC
2 years, 9 months ago

Delhi High Court Appoints Ex-SC Judge Madan Lokur As Arbitrator In Dispute Between Construction Firm & DTTDC

Live Law  

The Delhi High Court has appointed former Supreme Court Judge, Justice Madan B. Lokur as sole arbitrator to adjudicate disputes between a partnership firm namely M/S K.B.G. Engineers and Delhi Tourism and Transportation Development Corporation Ltd from five different tenders for construction and renovation work in relation to various projects. Justice Anup Jairam Bhambhani was of the view that there …

A Party Cannot Directly Seek The Appointment Of The Arbitrator If The Agreement Provides For Pre-Arbitration Reference To A Competent Authority: Madhya Pradesh High Court
2 years, 10 months ago

A Party Cannot Directly Seek The Appointment Of The Arbitrator If The Agreement Provides For Pre-Arbitration Reference To A Competent Authority: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh has held that the court cannot appoint the arbitrator when the petitioner has not complied with the condition precedent of referring the dispute to the Superintending Engineer. The Contention Of Parties The respondent objected to the maintainability of the petition on the following grounds: In terms of Clause 25, the petitioner was bound to …

Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court
2 years, 11 months ago

Applications For Appointment Of Arbitrator Should Be Decided And Disposed At The Earliest:Supreme Court

Live Law  

The Supreme Court on April 1, 2022 expressed concerns at the time taken by the Telangana High Court to dispose of an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 after a period of four years. Referring to the amended Arbitration Act wherein arbitration proceedings are required to be disposed of within one year, the bench …

Participation In Arbitral Proceedings Does Not Constitute Waiver Of Right To Challenge Appointment Of Ineligible Arbitrator: Delhi High Court
3 years, 1 month ago

Participation In Arbitral Proceedings Does Not Constitute Waiver Of Right To Challenge Appointment Of Ineligible Arbitrator: Delhi High Court

Live Law  

The Delhi High Court recently terminated the mandate of a sole arbitrator appointed unilaterally at the instance of one of the contracting parties. Justice Vikram Bakhru held that the mere fact that the petitioner did not object to the appointment at the material time and participated in the arbitral proceedings, would not stand in the way of terminating the mandate …

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act
3 years, 2 months ago

Delhi High Court Affirms No Embargo To Appointment Of An Arbitrator In Multiple Cases Under A&C Act

Live Law  

In another recent judgment of the Delhi High Court in a petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenging the appointment of an Arbitrator, the High Court affirmed the settled law that there is no bar in appointment of an Arbitrator in multiple cases, if so warranted. On the challenge to the appointment of its nominee …

Unilateral Appointment Of Arbitrator Not Permissible: NTPC Loses To Its Contracting Party In Delhi High Court
3 years, 2 months ago

Unilateral Appointment Of Arbitrator Not Permissible: NTPC Loses To Its Contracting Party In Delhi High Court

Live Law  

The Delhi High Court has reiterated that no single party can be permitted to unilaterally appoint an Arbitrator, as it would defeat the purpose of Arbitration and Conciliation Act, i.e., unbiased adjudication of dispute between the parties. Respondent averred that as per Clauses 56 and 57 of the GCC, "the disputes shall be referred to the sole arbitration of the …

Is Appointment Of Arbitrator By Ineligible Person Valid?Supreme Court Refers Issue To Larger Bench
4 years, 2 months ago

Is Appointment Of Arbitrator By Ineligible Person Valid?Supreme Court Refers Issue To Larger Bench

Live Law  

The bench headed by Justice Rohinton Nariman was hearing the Centre's SLP against a March 12, 2020 judgment of the Calcutta High Court, where the High Court had noted that the provisions of Section 12 as well as Seventh Schedule of the Arbitration Act 1996 admittedly being squarely applicable to the case, the General manager of the Railway cannot appoint …

Arbitral Tribunal Can’t Issue Orders To HC Receiver: Bombay HC [Read Judgment]
8 years ago

Arbitral Tribunal Can’t Issue Orders To HC Receiver: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation Act.Justice SJ Kathawalla pronounced the order on March 16 following a court receiver’s report seeking directions as to “whether the Registry should accept the matters …

Arbitral Tribunal Can’t Issue Orders To HC Receiver: Bombay HC [Read Judgment]
8 years ago

Arbitral Tribunal Can’t Issue Orders To HC Receiver: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that an arbitral tribunal does not have the power to appoint the court receiver of the high court as a receiver under Section 17 of the Arbitration and Conciliation Act.Justice SJ Kathawalla pronounced the order on March 16 following a court receiver’s report seeking directions as to “whether the Registry should accept the matters …

Arvind Kejriwal's desperate appointment of 21 'backdoor' ministers may face a legal challenge
10 years ago

Arvind Kejriwal's desperate appointment of 21 'backdoor' ministers may face a legal challenge

Firstpost  

By appointing 21 parliamentary secretaries, who may draw no remuneration but would hold ministerial status, Arvind Kejriwal is probably trying to keep his 67-strong MLA flock together. Two high courts have so far categorically ruled on appointment of parliamentary secretaries in the absence of a specific state law - the Bombay High Court and the Himachal Pradesh High Court. After …

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