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SURAJ GOVINDARAJ
J. M. Swamy – Appellant
Versus
Government Of India Central Public Work Department Rep By Its – Respondent
ORDER :
1. The petitioner is before this Court seeking for the following reliefs:
b. To pass an appropriate order as per the clause 25 of GCC and also amended act 2015 (3 of 2016) by appointing independent and impartial sole arbitrator under section 11 (8) of the act for settlement of disputes/claims between the parties as per the conditions of contract.
c. Pass such other orders as the Hon'ble Court deems fit in the interest of justice and equity.
d. MAKE any further scheme for dealing with the matter as contemp
Point of Law : It is not open for the petitioner to challenge the learned Arbitrator on the ground that there are justifiable doubts as to his independence and impartiality in terms of the Guidelines....
The court emphasized the necessity for impartiality in arbitration, ruling that automatic appointments of arbitrators undermined the arbitration clause, rendering the award invalid.
The main legal point established in the judgment is the court's authority to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and the considerations for ensuri....
An arbitrator's mandate can be terminated when they fail to act without undue delay; new appointments must ensure impartiality as per updated legal standards.
The appointment of an arbitrator must comply with Section 12(5) of the Arbitration & Conciliation Act, ensuring independence and impartiality, regardless of when the arbitration proceedings were init....
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