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UDAY UMESH LALIT, S. RAVINDRA BHAT, SUDHANSHU DHULIA
Jsw Steel Limited – Appellant
Versus
South Western Railway – Respondent
ORDER
1. The basic issue involved in the instant matter is whether the appointment of the Arbitrator was in conformity with the law laid down by this Court in TRF Ltd. v. Energo Engineering Projects Ltd, (2017) 8 SCC 377; and Perkins Eastman Architects DPC v. HSCC (India) Ltd., (2020) 20 SCC 760.
2. The High Court has gone by the decision rendered by a Bench of three-Judges of this Court in Central Organisation For Railway Electrification v. ECL-SPIC-SMO-MCML (JV), A Joint Venture Company, (2020) 14 SCC 712, which decision had distinguished the applicability of TRF Ltd. (supra) and Perkins Eastman Architects DPC (supra) to the fact situation involved therein.
3. It has been brought to our notice that subsequently, a Bench of three-Judges of this Court in Union of India v. M/s. Tantia Constructions Ltd., [SLP (Civil) No. 12670 of 2020], vide its order dated 11.01.2021, prima facie expressed its disagreement with the view taken in Central Organisation For Railway Electrification (supra) and requested the Hon'ble the Chief Justice of India to constitute a larger Bench to look into the correctness of the decision in Central Organisation For Railway Electrification (supra).
4. In the presen
Doubts regarding the correctness of legal precedents can lead to the matter being referred to a larger Bench for resolution.
Disqualified arbitrators cannot appoint successors; unilateral requests do not waive statutory disqualifications under the Arbitration and Conciliation Act.
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The court ruled that the appointment of arbitrators from the respondent's panel was valid, maintaining that established legal precedent surrounding impartiality does not support the petitioner's clai....
The main legal point established in the judgment is the importance of ensuring the independence and impartiality of arbitrators in the appointment process, as emphasized in relevant decisions of the ....
The main legal point established in the judgment is that the unilateral appointment of an Arbitrator by a party with an interest in the matter is impermissible, as it could compromise the impartialit....
The court reinforced that impartiality and independence of arbitrators is essential, disqualifying those with vested interests under Section 12(5) of the Arbitration and Conciliation Act, 1996.
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