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SANJEEV PRAKASH SHARMA
Bihar State Electronics Development Corporation Ltd – Appellant
Versus
State of Bihar – Respondent
Sanjeev Prakash Sharma, J.—The petitioners has preferred this writ petition under Article 226 and 227 of the Constitution with the prayer to set aside the order and judgement dated 26.04.2022 passed by the Learned District Judge, Patna whereby an application filed by the petitioners under-section 14 of the Arbitration Conciliation Act, 1996 was rejected. Further prayer for allowing the application and declaring the mandate of the arbitrator to be terminated on the ground that he has become de-jure and de-facto unable to perform his functions effectively. The facts which are required to be noticed are petitioner is a Government Company and is the respondent party in the arbitrary proceedings initiated by the respondent no. 3. vide order dated 28.06.2017, this Court appointed one Hon’ble Mr. Justice (Retd.) Jayanandan Singh as sole arbitrator under Section 11 of the Act of 1996. An application under section 14 was preferred by the petitioner before the Arbitral Tribunal stating that they had lost the trust and confidence in the Arbitral Tribunal to get justice in impartial manner and that he had lost his mandate de-jure and de-facto to continue the arbitration proceedings. The same w
The main legal point established in the judgment is that the grounds for termination of an arbitrator's mandate must satisfy the circumstances laid down under the Act and the precedents set by the Ho....
The challenge for the appointment of Arbitrator under Section 13 of the Act can only be made along with the final award under Section 34.
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.
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
Unilateral appointment of a sole arbitrator is impermissible and illegal, leading to the automatic termination of the arbitrator's mandate under Section 14(1)(a) of the Arbitration and Conciliation A....
Arbitrators cannot unilaterally enhance fees without party consent, reaffirming the principle of party autonomy in arbitration agreements.
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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