That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015 [Read Judgment]
7 years, 6 months ago

That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015 [Read Judgment]

Live Law  

In Aravalli Power Company Ltd. v. Era Infra Engineering Ltd., the Supreme Court had occasion to consider the impact of the 2015 amendment to Arbitration and Conciliation Act 1996 in proceedings initiated before the amendment came into force.The respondent-company had taken a construction contract for a thermal power project from the appellant. In Aravalli Power Company Ltd. v. Era Infra Engineering Ltd., the Supreme Court had occasion to consider the impact of the 2015 amendment to Arbitration and Conciliation Act 1996 in proceedings initiated before the amendment came into force. The Court also added that there could not be any automatic invocation of Section 11 by the Chief Justice of High Court for appointment of an arbitrator, without establishing any of the following conditions :- a party fails to act as required under the appointment procedure; or the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or a person, including an institution, fails to perform any function entrusted to him or it under the appointment procedure). In cases governed by 1996 Act after the Amendment Act has come into force:- If the arbitration clause finds foul with the amended provisions, the appointment of the Arbitrator even if apparently in conformity with the arbitration clause in the agreement, would be illegal and thus the Court would be within its powers to appoint such arbitrator as may be permissible.

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History of this topic

Govt cannot unilaterally appoint arbitrators: SC judgment
4 months, 3 weeks ago

Govt cannot unilaterally appoint arbitrators: SC judgment

Hindustan Times  

The Supreme Court on Friday ruled that government entities and public sector units cannot unilaterally appoint arbitrators in public-private arbitration agreements because such clauses violate the principle of equality under Article 14 of the Constitution. The bench, led by Chief Justice of India DY Chandrachud and including justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra, grappled with pressing …

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court
1 year, 2 months ago

Arbitral Award Can't Be Challenged On Ground Of Bias Of Arbitrator If No Challenge Was Made During Arbitral Proceedings: Delhi High Court

Live Law  

The High Court of Delhi has held that an arbitral award cannot be challenged on the ground of bias of arbitrator if no challenge to bias was made during the pendency of arbitral proceedings. The bench of Justice Pratibha M. Singh held that a party that has fully participated in the arbitral proceedings without raising any challenge to the jurisdiction …

Arbitrator Won't Become Ineligible By Unilaterally Revising Fee; Mandate Can't Be Terminated On Grounds Not Mentioned In Schedule : Supreme Court
1 year, 5 months ago

Arbitrator Won't Become Ineligible By Unilaterally Revising Fee; Mandate Can't Be Terminated On Grounds Not Mentioned In Schedule : Supreme Court

Live Law  

In a notable judgment, the Supreme Court has held that unilateral revision of fee by an arbitral tribunal, though not permissible, will not terminate its mandate on the ground of ineligibility as per Section 12 of the Arbitration and Conciliation Act 1996.Although the Supreme Court has held in Oil and Natural Gas Corporation Ltd. vs Afcons Gunanusa JV 2022 LiveLaw …

That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015 [Read Judgment]
7 years, 6 months ago

That The Arbitrator Is An Employee Of A Party By Itself Is Not A Disqualification In Cases Before The Amendment Of 2015 [Read Judgment]

Live Law  

In Aravalli Power Company Ltd. v. Era Infra Engineering Ltd., the Supreme Court had occasion to consider the impact of the 2015 amendment to Arbitration and Conciliation Act 1996 in proceedings initiated before the amendment came into force.The respondent-company had taken a construction contract for a thermal power project from the appellant. In Aravalli Power Company Ltd. v. Era Infra …

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