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J. B. PARDIWALA, R. MAHADEVAN
Hindustan Construction Company Ltd. Through Its Authorised Signatory Yogesh Dalal – Appellant
Versus
Bihar Rajya Pul Nirman Nigam Limited – Respondent
| Table of Content |
|---|
| 1. introduction to arbitration and the case context (Para 2 , 3 , 4 , 10) |
| 2. appellant's arguments on jurisdictional review (Para 5) |
| 3. respondents' counterarguments and interpretation of clause 25 (Para 6) |
| 4. judicial response to review jurisdiction and arbitrability (Para 11 , 12) |
| 5. conclusion and directions for substitute arbitrator (Para 15 , 18 , 20) |
JUDGMENT
Leave granted.
PREFACE
3.1. Parties enjoy the liberty to determine the strength and composition of the tribunal, to appoint domain experts as arbitrators, and to design procedures suited to the nature and complexity of their disputes. This freedom allows them to bring to the table expertise and insight that even a judge may not be able to contribute.
3.3. The evolution of the judicial role from that of a helicopter parent to that of a guardian angel of arbitration has been neither smooth nor uniform. Successive legislative amendments, most notably those of 2015, 2019, and 2021, have sought to curtail judicial interference and recalibrate the delicate balance between autonomy and oversight. Yet, in practice, arbitration has at times become more cumbersome than civil litigation. Parties continue to exploit every pro
A valid arbitration agreement exists even if appointment procedures are unenforceable; courts should minimize intervention and uphold party autonomy in arbitration processes.
Point of law: Arbitration -in the absence of an express agreement between the petitioner and the respondent subsequent to arising of disputes whereby the parties expressly agreed to waive the applica....
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
Participation in arbitration without objection constitutes a waiver of the right to challenge the appointment of the arbitrator, as per Sections 4 and 12 of the Arbitration and Conciliation Act.
Unilateral appointment of an arbitrator is void if it violates Section 12(5) of the Arbitration Act; mere participation does not imply waiver without express written consent post-disputes.
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