J. B. PARDIWALA, K. V. VISWANATHAN
Bhadra International (India) Pvt. Ltd. – Appellant
Versus
Airports Authority of India – Respondent
The case involves a dispute over the appointment of a sole arbitrator in an arbitration proceeding. The key facts are as follows:
In summary, the case centers on whether the appointment of the arbitrator was legally valid, focusing on issues of eligibility, unilateral appointment, and waiver of rights, with the courts ruling that the appointment was invalid due to statutory violations.
| Table of Content |
|---|
| 1. factual background and context of the appeals. (Para 4 , 6 , 8 , 9 , 10 , 11 , 12) |
| 2. arguments raised by the appellants regarding the ineligibility of the arbitrator. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. counterarguments presented by the respondent on arbitrator's eligibility. (Para 21 , 22 , 23 , 24 , 26 , 27) |
| 4. legal observations concerning the symmetrical treatment of parties in arbitration. (Para 30 , 32 , 33 , 40 , 56) |
| 5. rationale on the necessity of express agreements for waiver of ineligibility. (Para 61 , 68 , 71 , 84) |
| 6. clarification on the authority and jurisdiction relative to ineligible arbitrators. (Para 102 , 114 , 120) |
| 7. conclusion of the court on the validity of the arbitrator's appointment and judgments made. (Para 123 , 124 , 125 , 126) |
JUDGMENT :
J.B. PARDIWALA, J.
For the convenience of exposition, this judgment is divided into the following parts:
| INDEX | |
| I. | FACTUAL MATRIX |
| II. | JUDGMENT OF THE SINGLE JUDGE ON APPLICATION UNDER SECTION 34 OF THE ACT, 1996 |
| III. | IMPUGNED JUDGMENT |
| IV. | SUBMISSIONS ON BEHALF OF THE APPELLANTS |
| V. | SUBMISSIONS ON BEHALF OF THE RESPONDENT |
| VI. | ISSUES FOR CONSIDERATION |
| VII. | A |
Bharat Broadband Network Ltd. v. United Telecoms Ltd.
TRF Ltd. v. Energo Engineering Projects Ltd.
Perkins Eastman Architects DPC and Another v. HSCC (India) Ltd.
Lion Engineering Consultants v. State of Madhya Pradesh
Hindustan Zinc Ltd. v. Ajmer Vidyut Vitran Nigam Ltd.
Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd. and Others
Lombardi Engg. Ltd. v. Uttarakhand Jal Vidyut Nigam Ltd.
HRD Corpn v. GAIL (India) Ltd.
State of Punjab v. Davinder Pal Singh Bhullar
Hindustan Construction Co. Ltd. v. Bihar Rajya Pul Nirman Nigam Ltd.
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.
An arbitrator's appointment violating Section 12(5) of the Arbitration Act without an express written waiver is invalid, rendering any adjudicated award void.
The ineligibility of an Arbitrator under Section 12(5) of the Act goes to the root of the jurisdiction and a disqualified Arbitrator cannot nominate another Arbitrator. The definition of 'Court' unde....
Parties consenting to arbitration and participating without objection cannot later challenge the arbitral award based on alleged unilateral appointment of the arbitrator.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.