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DEBANGSU BASAK
ITD-ITD Cem Joint Venture – Appellant
Versus
Kolkata Metro Rail Corporation Ltd – Respondent
JUDGMENT :
1. The petitioner has applied under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrators to adjudicate on the disputes and differences between the parties in respect of the contract dated March 10, 2010.
2. Learned Senior Advocate appearing for the petitioner has submitted that, the parties entered into a contract dated March 10, 2020. Such contract has an arbitration clause. He has referred to Clause 17.9 which is the arbitration clause. He has submitted that the arbitration clause contemplate that the respondent would supply a panel of five arbitrators for the petitioner to choose one from such panel. The petitioner had invoked the arbitration clause by a letter dated January 9, 2021. In response thereto, the respondent by a letter dated February 1, 2021 had forwarded a panel of five arbitrators. He has commented upon the panel suggested by the respondent. According to him, the panel comprises of ex-employees of Indian Railways. He has referred to the reply dated February 10, 2021 by which, the petitioner had suggested a retired judge of this Hon’ble Court as the arbitrator.
3. Learned Senior Advocate appearing for the petitioner has
Point of law : The provisions under the contract for constitution of the standing arbitral tribunal were violation of the amended provisions of Section 12 of the Act of 1996 read in conjunction with ....
An employee of the respondent or even a retired employee would be ineligible to be appointed as an arbitrator. The panel of arbitrators should be broad-based and should include persons with diverse b....
The court reinforced that impartiality and independence of arbitrators is essential, disqualifying those with vested interests under Section 12(5) of the Arbitration and Conciliation Act, 1996.
Arbitrator independence is crucial; unilateral appointments violate neutrality, invalidating any waiver of ineligibility not expressly agreed post-constitution of the tribunal.
Failure to appoint an arbitrator within the stipulated time results in the loss of the right to make the appointment. Appointment of an arbitrator by an ineligible person is void ab initio.
The main legal principle established in the judgment is the procedure for appointing arbitrators under the amended Act and the modified Clause 64 of the GCC, emphasizing the ineligibility of certain ....
The main legal point established in the judgment is the importance of impartiality and independence of arbitrators, as well as the need for a balanced approach to arbitration, as emphasized by the in....
The court emphasized the importance of a broad-based panel of arbitrators, providing parties with a wider choice for nominating their arbitrator.
The main legal point established is that the appointment procedure for arbitrators must be broad-based and meet the requirement of counterbalancing as per the arbitration agreement.
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