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VIKRAM NATH, M. M. SUNDRESH
INDIA POWER CORPORATION LTD. – Appellant
Versus
EASTERN COALFIELDS LIMITED – Respondent
JUDGMENT
Vikram Nath, J.
Civil Appeal No. 9847 of 2014 was allowed vide order dated 17.10.2014 whereby Justice S.S. Nijjar, a former Judge of this Court was appointed as sole Arbitrator to arbitrate upon the disputes between the parties. The said order is reproduced below: -
Heard Mr. Kapil Sibal, learned senior counsel appearing for the petitioner and Mr. Anupam Lal Das, learned counsel for respondent no. 1.
In the course of hearing, learned counsel for the parties very fairly submitted that they have no objection if a former Judge of this Court is appointed as a Sole Arbitrator to arbitrate upon the disputes that have arisen in respect of the contract.
Regard being had to the aforesaid submission, we appoint Justice S.S. Nijjar, a former Judge of this Court as the Sole Arbitrator to arbitrate upon the disputes. The learned arbitrator shall decide the terms and conditions after deliberating with the parties.
Registry is directed to forward a copy of this order to the learned Arbitrator.
The appeal is allowed on above terms. There shall be no order as to costs."
2. The sole Arbitrator gave the award dated 15.02.2021, after considering the claims and counter claims of the pa
Fresh appointment of Arbitrator – Once Arbitral Award finally decided dispute which was subject matter of reference, there is no need of appointment of another Sole Arbitrator.
The appointment of a sole arbitrator deviated from the statutory requirements and terms of the arbitration agreement, making proceedings invalid under the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is that objections to jurisdiction must be raised at the appropriate stage, and the findings of the arbitrator on the point of jurisdiction, if not ch....
The Ld. Arbitrator's jurisdiction, the applicability of Clause 16(2) of the Agreement, and the sufficiency of reasons provided in the award were the main legal points established in the judgment.
The court affirmed the validity of the arbitrator's award based on the parties' agreements, jurisdiction over disputes, and the authority to award interest, emphasizing that detailed individual findi....
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The main legal point established is the applicability of the Act as amended with effect from 23rd October 2015 and the disqualification of the appointed Arbitrator under Section 12(5) of the Act.
The court confirmed the validity of the Arbitrator's findings regarding excess work claims and the correct application of interest, highlighting that overlapping interest claims were erroneous.
The court clarified the applicability of section 12(5) of the Act of 1996 and emphasized the need for expeditious disposal of arbitration matters.
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