Private Contracts Between Parties For Appointment Of Arbitrator Different From Statutory Appointment Of Arbitrators: Allahabad High Court
3 months, 3 weeks ago

Private Contracts Between Parties For Appointment Of Arbitrator Different From Statutory Appointment Of Arbitrators: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that cases where appointment of arbitrators is through contracts which contemplate such appointment and statutory appointment of arbitrators are two separate classes to cases and the same are distinguishable on facts. National Highways Authority of India approached the High Court against order of the Additional District Judge, POCSO Act, Bijnor under Section 34 of the Arbitration and Conciliation Act, 1996 whereby it was held that the compensation granted to the respondent was not in accordance with law. Counsel for NHAI relied on the decision of Supreme Court in Kinnari Mullick and another v. Ghanshyam Das Damani to argue that the Additional District Judge did not have the power to remand the case back to the arbitrator. Per contra, counsel for respondent relied on the judgment of Supreme Court in National Highways Authority of India v. P. Nagaraju alias Cheluvaiah and another to argue that the remand was well within the jurisdiction of the Additional District Judge. “Private contracts between parties which contemplate the appointment of an arbitrator and the cases where the statutory arbitrators are appointed under the statute fall in two separate classes,” held Justice Ajay Bhanot.

Court High Contra Arbitrator National Highways Authority Of India Statutory Appointment  order  private  v  remand  judge  court  contracts  district  different  parties  arbitrator  statutory  appointment  additional  high  arbitrators

History of this topic

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court
2 weeks, 1 day ago

Party Cannot Be Forced To Accept Arbitrator Who Has Conflict Of Interest, Violates Principles Of Natural Justice And Fair Trial: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that a party could not be forced to accept an arbitrator who has a conflict of interest, as the same would violate the principles of a fair trial. The court, therefore, appointed a former District & Sessions Judge as the independent sole arbitrator, who would proceed to hear the dispute and pass a …

Award Passed By Improperly Appointed Arbitrator Is Non-Est In Law And Invalid: Delhi High Court
Trending News
1 month, 2 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 …

Delhi HC appoints arbitrator to deal with disputes between cricketer Yuvraj Singh, realtor
7 months, 1 week 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 …

Unilateral Appointment Of Arbitrator By Party: Delhi High Cout Set Aside Arbitral Award As It Contravened Section 12(5) A&C And & 7th Schedule
11 months, 3 weeks 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. …

A Party Cannot Be Compelled To Appoint An Arbitrator From A Narrow Panel Consisting Of 3 Persons: Delhi High Court Reiterates
1 year, 2 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 …

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 …

Section 11 Application Not Maintainable If Objection To Jurisdiction Of Arbitrator Rejected By Arbitral Tribunal: Allahabad High Court
1 year, 7 months ago

Section 11 Application Not Maintainable If Objection To Jurisdiction Of Arbitrator Rejected By Arbitral Tribunal: Allahabad High Court

Live Law  

The Allahabad High Court has recently held that to challenge the jurisdiction of the arbitrator, once the same has been rejected by the Tribunal, the aggrieved party has to challenge the final award. The applicant cannot be permitted to circumvent the statutory scheme by invoking the jurisdiction of this Court under Section 11 of the Act of 1996, on the …

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 …

There Cannot Be Two Arbitration Proceedings With Respect To Same Contract/Transaction: Supreme Court
2 years, 7 months ago

There Cannot Be Two Arbitration Proceedings With Respect To Same Contract/Transaction: Supreme Court

Live Law  

Observing that it is of the "firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction", the Supreme Court stated that when a dispute has earlier been referred to arbitration and an award was passed on the claims made, then it is "rightful" to refuse to refer to arbitration- in exercise of Section 11 of …

S.11 Arbitration Act | Interested Party Cannot Appoint An Arbitrator To Decide Disputes Between Parties: Calcutta HC
2 years, 9 months ago

S.11 Arbitration Act | Interested Party Cannot Appoint An Arbitrator To Decide Disputes Between Parties: Calcutta HC

Live Law  

The Calcutta High Court on Tuesday while adjudicating upon an application under Section 11 of the Arbitration and Conciliation Act, 1996 held that it a settled law that neither an interested party can be appointed as an arbitrator nor can the said interested party appoint an arbitrator to decide the disputes between the parties.Justice Shekhar B. Saraf observed, ". The …

Writ Jurisdiction Cannot Be Invoked To Challenge Appointment Of Arbitrator: Kerala High Court
3 years, 2 months ago

Writ Jurisdiction Cannot Be Invoked To Challenge Appointment Of Arbitrator: Kerala High Court

Live Law  

The Kerala High Court recently held that writ jurisdiction cannot be invoked to challenge the appointment of an arbitrator since such grievances could be redressed as per the provisions of the Arbitration and Conciliation Act, 1996.Ruling that there should not be any judicial interference in the course of the arbitral proceedings for redressal of such grievances, Justice P.B. The Kerala …

NHAI: Application Under Section 11 Arbitration & Conciliation Act To Appoint Arbitrator Not Maintainable: SC [Read Judgment]
5 years, 6 months ago

NHAI: Application Under Section 11 Arbitration & Conciliation Act To Appoint Arbitrator Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held that an application under Section 11 of the Arbitration and Conciliation Act for appointment of an Arbitrator in relation to disputes with National Highways Authority Of India is not maintainable in view of Section 3G of the National Highways Act, 1956 which provides for such appointment by the Central Government.The bench comprising Justice NV Ramana,. …

Court Can Appoint Independent Arbitrator Only After Resorting To The Procedure In Arbitration Agreement: SC [Read Judgment]
5 years, 11 months ago

Court Can Appoint Independent Arbitrator Only After Resorting To The Procedure In Arbitration Agreement: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the High Court, while dealing with an application under Section 11 of the Arbitration and Conciliation Act, seeking appointment of an 'independent Arbitrator', should first resort to the mechanism in appointment of an arbitrator as per the terms of contract as agreed by the parties. One of the issue in a batch of appeals …

Chief Justice Can Appoint Independent Arbitrator Though An Arbitrator Is Named In Agreement: SC [Read Judgment]
7 years, 11 months ago

Chief Justice Can Appoint Independent Arbitrator Though An Arbitrator Is Named In Agreement: SC [Read Judgment]

Live Law  

The Supreme Court, in Union of India vs. Besco Ltd, has held that even if an arbitrator is specified in the agreement for arbitration, the chief justice or the designated judge is free to appoint an independent arbitrator, having due regard to the qualification, if circumstances so warrant.A bench comprising Justice Kurian Joseph and Justice R Banumathi upheld a high …

Discover Related