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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
R. MAHADEVAN, J.
Leave granted.
2. This Appeal is directed against the final judgment and order dated 09.12.2024 passed by the High Court of Judicature at Patna [Hereinafter referred to as “the High Court”] in Request Case No. 53 of 2020, whereby the High Court dismissed the request case filed by the appellant, Hindustan Construction Company Limited, under Section 11 of the Arbitration and Conciliation Act, 1996 [For short, “the A&C Act”].
PREFACE
3. Arbitration is often a friend in conferences but a foe in practice. Its raison d’etre has always been to ease the burden on courts and to ensure the expeditious resolution of commercial disputes. Yet, this is not its only virtue. The true advantage of arbitration lies in its freedom and flexibility, with party autonomy as the cornerstone of the arbitral process.
3.1. Pa
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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