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S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
EUROBEARINGS INDIA PVT. LTD. – Appellant
Versus
EUROBEARINGS R. I. – Respondent
ORDER :
1. The parties are the same in both these petitions and as such they are taken up together. In both these petitions, the petitioner is seeking that the sole arbitrator be appointed to adjudicate the dispute and difference between the parties. In Arbitration Petition No.04 of 2021, the dispute is stated to have arisen under the Equipment Purchase Agreement with Deferred Payment Option dated 02.12.2015. In Arbitration Petition No. 05 of 2021, the dispute is stated to have arisen under the Equipment Lease Agreement with Purchase Option dated 01.04.2015.
2. In both these petitions, the factual matrix is that the respondent herein had issued notices dated 08.10.2020, invoked the arbitration clause and appointed Justice Indermeet Kaur Kochhar, Former Judge of the Delhi High Court as the Sole Arbitrator. The said notice is stated to have been issued in terms of the respective arbitration clauses in the agreements in question. The petitioner, through their reply dated 20.10.2020 called upon the respondent to unconditionally withdraw the notice and without prejudice to the same, also did not agree to the name of the Arbitrator suggested by the respondent. The learned Arbitrator has al
Petition seeking appointment of Arbitrator is not sustainable in a situation where arbitration clause itself is disputed.
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
Compliance with Section 21 for notice invoking the arbitration clause is necessary for arbitration proceedings to commence.
A sole arbitrator can be appointed by a party if the opposing party defaults on arbitrator appointment, per arbitration clause and judicial precedent.
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
Premature petitions under Section 11 of the Arbitration and Conciliation Act, 1996, are not maintainable when a Sole Arbitrator has already been appointed, and unresponsiveness of the current Arbitra....
The court retains the authority to appoint a substitute arbitrator when the original arbitrator's mandate expires, regardless of other party actions to appoint arbitrators.
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