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 itself maintained by it. The Court observed that the arbitration clause did not bestow a right on any of the parties to the dispute to independently choose their nominee from the panel maintained by the Chief Project Manager. While holding that the Chief Project Manager could be perceived to be an appointing authority who may have an interest in the outcome of the arbitral proceedings, the Court referred to the decision of the Apex Court in Perkins Eastman Architects DPC vs. HSCC Ltd, where it was held that since the Managing Director itself became ineligible by operation of law to act as an arbitrator, he could not nominate another person to act as arbitrator. It neither permits a party to independently choose or nominate an arbitrator, it also vests the power of constitution exclusively in the hands of the Chief Project Manager,” the Court said.

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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 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 …

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 …

Appointment Of Arbitrator In International Commercial Arbitration By HC Does Not Vitiate Award: Delhi High Court
2 months ago

Appointment Of Arbitrator In International Commercial Arbitration By HC Does Not Vitiate Award: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice C. Hari Shankar has held that the appointment of the Arbitrator in an International Commercial Arbitration by the Chief Justice of the High Court, does not vitiate the impugned award. Observation of the Court: The High Court dealt with three key issues: Whether the appointment of the Arbitrator was in accordance with the …

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 …

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act
2 months, 2 weeks ago

Delhi High Court Reiterates Limited Scope Of Section 34 Of Arbitration & Conciliation Act

Live Law  

The High Court of Delhi pronounced a judgement in the matter of “Centre for Research Planning and Action v. National Medicinal Plants Board Ministry of AYUSH Government of India” FAO 161/2022 dated 8th January, 2025 re-iterating the limited scope of Section 34 of The Arbitration and Conciliation Act. Respondent refused to entertain any claim when invoices were raised after March …

Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court
3 months, 2 weeks ago

Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that managing director or chairman of a party to the arbitration agreement cannot be appointed as Arbitrator in light of section 12 read with Seventh Schedule of the Arbitration Act. The petitioner submitted that the appointment of Managing Director/Chairman of the respondent as Arbitrator …

Once Person Empowered To Nominate Arbitrator Becomes Ineligible U/S 12(5), Matter Shall Not Be Referred To Arbitration: Patna High Court
3 months, 2 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 …

Unilateral Arbitrator Appointment Clauses In Public-Private Contracts Invalid; Can't Compel Selection Of Arbitrators From PSU's Panels : Supreme Court
4 months, 3 weeks ago

Unilateral Arbitrator Appointment Clauses In Public-Private Contracts Invalid; Can't Compel Selection Of Arbitrators From PSU's Panels : Supreme Court

Live Law  

The Supreme Court on Friday ruled against clauses allowing Public Sector Undertakings to unilaterally appoint arbitrators to decide disputes with private contractors. The Constitution Bench held that while PSUs can maintain a panel of potential arbitrators, they cannot compel the other party to select its arbitrator from the panel.The Constitution Bench comprising Chief Justice. The Constitution Bench comprising Chief Justice …

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est
5 months ago

Delhi High Court Rules on Appointment of Arbitral Tribunal: Invalid Procedures Before Improper Arbitral Tribunal Are Non-Est

Live Law  

The Delhi High Court has held that any proceedings before an improperly constituted arbitral tribunal are non-est. This means that any disputes arising from an improperly constituted arbitral tribunal are not subject to arbitration. The court also held that whether a particular claim is precluded from arbitration on account of being an excepted matter should be decided by a duly …

Constitution bench reserves judgment in arbitration case
6 months, 4 weeks ago

Constitution bench reserves judgment in arbitration case

Hindustan Times  

New Delhi A Constitution bench of the Supreme Court on Friday reserved its judgment on the complex legal question of whether one party in an arbitration can unilaterally appoint a panel of arbitrators and require the other party to select arbitrators from that panel. During the proceedings, the bench highlighted the critical importance of maintaining integrity in arbitration, particularly in …

Delhi HC appoints arbitrator to deal with disputes between cricketer Yuvraj Singh, realtor
7 months, 3 weeks ago

Delhi HC appoints arbitrator to deal with disputes between cricketer Yuvraj Singh, realtor

Deccan Chronicle  

New Delhi: The Delhi High Court has appointed an arbitrator to adjudicate disputes between former Indian cricketer Yuvraj Singh and a real estate firm over alleged violation of his privacy rights in promotion of construction projects and for delaying delivery of a dwelling unit to him in the national capital. The high court said the arbitration would take place under …

An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court
11 months, 1 week ago

An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court

Live Law  

The High Court of Delhi has held that an award passed by a unilaterally appointed arbitrator can be challenged on ground of invalidity of such appointment and consequent lack of jurisdiction even by the party who made such an appointment. Analysis by the Court The Court relied observed that the Apex Court in Bharat Broadband Network Ltd. vs. United Telecom …

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. …

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 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 …

Arbitration Weekly Round Up: 3nd February to 11th February 2024
1 year, 1 month ago

Arbitration Weekly Round Up: 3nd February to 11th February 2024

Live Law  

Delhi High Court Delhi High Court Dismisses Writ Petition, Permits Petitioner To Avail Remedy Under S. 37 Of Arbitration Act Case Title: Shri Balaji Enterprises & Ors vs Reserve Bank Of India & Anr. Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court Case Title: The Braithwaite Burn and …

Statement Made Before The Arbitrator Withdrawing Objection To Unilateral Appointment Would Not Suffice 'Express Agreement' Required Under Section 12(5) Of The A&C Act: Delhi High Court
1 year, 3 months ago

Statement Made Before The Arbitrator Withdrawing Objection To Unilateral Appointment Would Not Suffice 'Express Agreement' Required Under Section 12(5) Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held that a statement made by a party's counsel before the Arbitrator withdrawing objection to unilateral appointment would not suffice 'express agreement' required under Section 12 of the A&C Act The bench of Justice Jyoti Singh reiterated that ineligibility of the arbitrator goes to the root of the matter and any award passed by …

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 …

Arbitration Weekly Round-Up: 27th November to 3rd December
1 year, 3 months ago

Arbitration Weekly Round-Up: 27th November to 3rd December

Live Law  

Bombay High Court N.N. Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court Case Title: Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd, Comm. Taking into account the legal position, the case law on the subject and the particular facts in the present matter, the Court is accordingly of the view …

Entire Arbitration Not Invalid By Illegality Of Appointment Procedure: Delhi High Court Reiterates
1 year, 3 months ago

Entire Arbitration Not Invalid By Illegality Of Appointment Procedure: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an arbitration clause does not become illegal by mere illegality of the appointment procedure provided therein. The bench of Justice Sachin Datta held that the procedure for appointment of an arbitrator is clearly distinct and separable from the agreement to refer disputes to arbitration, even if these are contained in the same …

Court Under Section 11 Of The A&C Act Can Sever Offending Part Of Arbitration Clause: Delhi High Court
1 year, 3 months ago

Court Under Section 11 Of The A&C Act Can Sever Offending Part Of Arbitration Clause: Delhi High Court

Live Law  

The High Court of Delhi has held that the Court exercising powers under Section 11 of the A&C Act can sever an illegal/offending portion of the arbitration clause. The bench of Justice Sachin Datta held that an arbitration clause does not become illegal by mere illegality of the appointment procedure provided therein, therefore, the Court u/s 11 can sever the …

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 …

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: 10 July To 16 July 2023
1 year, 8 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law  

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

Plea That Claimant’s Claim Cannot Stand In The Absence Of A Third Entity, Can Be Raised Before The Arbitral Tribunal: Delhi High Court
1 year, 8 months ago

Plea That Claimant’s Claim Cannot Stand In The Absence Of A Third Entity, Can Be Raised Before The Arbitral Tribunal: Delhi High Court

Live Law  

The Delhi High Court has ruled that the plea that the claimant’s claim cannot stand in the absence of a third entity in the arbitral proceedings, is an aspect touching upon the maintainability of the claim sought to be raised before the Arbitral Tribunal. The court remarked that prima facie, the inter se rights and obligations of the petitioner and …

Delhi High Court: Justice Varma Invites Lawyers To Make Submissions On Court's Power To Partially Modify Arbitral Award, Other Issues On April 20
1 year, 11 months ago

Delhi High Court: Justice Varma Invites Lawyers To Make Submissions On Court's Power To Partially Modify Arbitral Award, Other Issues On April 20

Live Law  

Justice Yashwant Varma of Delhi High Court has invited lawyers to make submissions on the aspect of court’s power to partially modify or set aside an arbitral award, doctrine of severability and scope of section 34 of Arbitration and Conciliation Act, 1996.As per the notice published in today’s causelist, the lawyers who wish to make submissions on the legal points …

Delay In Approaching Appointing Authority For Constitution Of Tribunal, Won’t Render Claims Time Barred: Delhi High Court
2 years, 1 month ago

Delay In Approaching Appointing Authority For Constitution Of Tribunal, Won’t Render Claims Time Barred: Delhi High Court

Live Law  

The Delhi High Court has ruled that the limitation period within which a party is required to approach the court for seeking constitution of the arbitral tribunal, cannot be conflated with the limitation period for invoking the arbitration agreement. Holding that the provisions of the Limitation Act, 1963 would apply to the arbitral proceedings, and while referring to the facts …

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court
2 years, 2 months ago

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court

Live Law  

The Bombay High Court has ruled that even if a party’s right to appoint its nominee in the Arbitral Tribunal as per the arbitration clause, is forfeited because it failed to exercise its right within the statutory period after receiving the notice invoking arbitration, it would not render the Court powerless to appoint an appropriate Arbitral Tribunal, after considering the …

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022
2 years, 2 months ago

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022

Live Law  

Bombay High Court: Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High Court Case Title: GTL Infrastructure Ltd. versus Vodafone India Ltd. Arbitration Can Be Invoked Against Party Deleted From Section 9 Application: Bombay High Court Case Title: Deccan Paper Mills Co. Ltd. versus M/s. Calcutta High Court: Disclosure Of Impartiality By Arbitrator Appointed …

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 …

Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court
2 years, 3 months ago

Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that the power of appointment of arbitrator by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996, cannot be deemed to have a precedential value. Rejecting the contention of the applicant that the Court must, 'by default', refer the disputes to arbitration while deciding a Section 11 application, the bench …

Arbitration Cases Weekly Round-Up: 13 November To 19 November, 2022
2 years, 4 months ago

Arbitration Cases Weekly Round-Up: 13 November To 19 November, 2022

Live Law  

Delhi High Court: Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court Case Title: Ram Kripal Singh Construction Pvt. Section 12 Of A&C Act Applies To Proceedings Commenced Before Or After The 2015 Amendment: Delhi High Court Case Title: Ram Kripal Singh Construction Pvt. Gujarat High Court: Section 19 Of MSMED Act Applies …

Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court
2 years, 4 months ago

Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court

Live Law  

The High Court of Delhi has held that merely because the procedure for the appointment of the arbitrator has become invalid due to 2015 amendment act, the same would not render the entire arbitration clause invalid. The bench of Justice Anup Jairam Bhambhani held that there are several elements present in an arbitration clause such as procedure for appointment of …

Arbitrator Gets Jurisdiction Only With Respect To 'Notified' Claims; Delay/ Failure to Certify Claim as 'Notified', Does Not Operate As Waiver: Delhi High Court
2 years, 4 months ago

Arbitrator Gets Jurisdiction Only With Respect To 'Notified' Claims; Delay/ Failure to Certify Claim as 'Notified', Does Not Operate As Waiver: Delhi High Court

Live Law  

The Delhi High Court has ruled that an arbitrator gets the jurisdiction only with respect to the claims which are 'notified' by the specified authority, as provided in the arbitration clause, and that if the claims are not notified, they will not form the subject matter of arbitration. The Court referred to the decision of the Apex Court in Indian …

Circumstances Mentioned Under Schedules V Do Not Per Se Render The Arbitrator Ineligible: Delhi High Court
2 years, 4 months ago

Circumstances Mentioned Under Schedules V Do Not Per Se Render The Arbitrator Ineligible: Delhi High Court

Live Law  

The High Court of Delhi has held that unlike Schedule VII, the circumstances mentioned under the Vth Schedule do not per se render an arbitrator ineligible to be appointed as arbitrator unless it is established that the arbitrator's neutrality was indeed compromised. Grounds of Appeal The appellant challenged the award on the following grounds: The arbitrator was ineligible to be …

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 …

Arbitration Proceedings Against IRCTC; Delhi High Court Rejects Unilateral Appointment Of Arbitrator
2 years, 4 months ago

Arbitration Proceedings Against IRCTC; Delhi High Court Rejects Unilateral Appointment Of Arbitrator

Live Law  

The High Court of Delhi has held that the designation of Zonal Offices as the 'venue' of arbitration would not make it the 'seat' of arbitration when the meaningful dealings related to the contract happened at the Headquarters of a party. Contention of the Parties The petitioner sought the appointment of the arbitrator on the following grounds: The arbitration clause …

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 …

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 …

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 …

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 …

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 …

'Constitution Of Separate Arbitral Tribunals A Mischief' : Delhi HC Issues Series Of Directions To Avoid Multiplicity Of Arbitration Proceedings [Read Order]
4 years, 9 months ago

'Constitution Of Separate Arbitral Tribunals A Mischief' : Delhi HC Issues Series Of Directions To Avoid Multiplicity Of Arbitration Proceedings [Read Order]

Live Law  

In order to curb the mischief of parties constituting multiple arbitral tribunals, the Delhi High Court has passed a series of directions after relying upon the judgment of the Supreme Court in Dolphin Drilling Ltd. v. ONGC. In order to resolve the issue of multiplicity in arbitration process, the court passed the following directions: In every petition under Section 34 …

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