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SANJAY KUMAR, ALOK ARADHE
Mohan Lal Fatehpuria – Appellant
Versus
Bharat Textiles – Respondent
| Table of Content |
|---|
| 1. arbitration process and fee demands. (Para 3 , 4 , 5 , 6) |
| 2. parties' contrasting positions on arbitrator's conduct. (Para 7 , 8) |
| 3. statutory provisions ensuring timely arbitration. (Para 9 , 10) |
| 4. termination of arbitrator's mandate and substitution authority. (Para 11 , 12 , 13) |
| 5. conclusion quashing prior order and appointing a new arbitrator. (Para 14 , 15) |
JUDGMENT :
1. Leave granted.
FACTS
4. The sole arbitrator entered the reference on 20.05.2020. He thereafter issued various directions on 03.06.2020, 21.10.2020, 09.01.2021 and on 15.06.2021 and directed the parties to deposit various amounts towards administrative expenses. The respondent nos.2 and 3 questioned the action of the sole arbitrator in demanding administrative expenses, in their applications filed under Sections 14 and 15 of the Act, seeking termination of the mandate of the sole arbitrator. The said applications were dismissed by a common order dated 28.01.2022, passed by the High Court, inter alia on the ground that all the expenses are required to be paid on actuals. It was further held, that, it would be open for respondent nos. 2 and 3 to approach the Arbitral Tribunal, to account for adminis
Court ruled that a sole arbitrator's mandate terminates upon the expiration of the designated time period, warranting appointment of a substitute under Section 29A(6) of the Arbitration and Conciliat....
The main legal point established in the judgment is that the petitioner's recourse for appointment of a substitute arbitrator lies through Section 15 of The Arbitration and Conciliation Act, 1996, on....
Section 29A of Act is intended to sensitize parties as also the Arbitral Tribunal to aim for culmination of arbitration proceedings expeditiously. It is with this legislative intent, Section 29A was ....
Extension of Sole Arbitrator's mandate under the Arbitration Act requires sufficient cause, unaffected by procedural misconduct by arbitrator, especially when delays arise from the respondent's actio....
The court can extend the mandate of arbitrators under Section 29A(5) after an award is rendered, even if done post statutory timeline, reinforcing the integrity of the arbitration process.
(1) Extension of mandate of Arbitrator(s) – Application under Section 29A(5) for extension of mandate of Arbitrator is maintainable even after expiry of time under Sections 29A(1) and (3) and even af....
The High Court has exclusive authority to extend the mandate of an arbitrator appointed under Section 11 of the Arbitration & Conciliation Act, 1996, regardless of the pecuniary value of the claim.
The High Court has jurisdiction to extend time for arbitration proceedings, provided the arbitrator was appointed by it, reflecting legislative intent requiring contextual interpretation of 'Court' i....
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