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MOUSHUMI BHATTACHARYA
SREI Equipment Finance Limited – Appellant
Versus
Seirra Infraventure Private Limited – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The petitioner seeks appointment of arbitrators in place and stead of the arbitrators who were appointed by an order of Court dated 22.2.2022. The arbitrators were later elevated to the Bench/relocated outside India and communicated their inability to perform their duties. The petitioner has filed the present applications for appointment of arbitral tribunals under sections 14 and 15 of The Arbitration and Conciliation Act, 1996.
2. The question which falls for adjudication is the governing provisions of the 1996 Act with regard to the appointment of the Tribunal. In other words, whether the procedure for appointment of a new arbitral tribunal should revert to
ii) to section 11 where the Court intervenes in the matter of appointment of arbitrators subject to circumstances existing under the situations envisaged in section 11 of the Act.
3. The petitioner urges that the appointment should be governed by section 14 while the respondent stresses on the need to start afresh from the stage of section 11(5) of the Act. The submissions made on behalf of the par
The appointment of a substitute arbitrator under section 15(2) of the Arbitration and Conciliation Act, 1996, should be governed by the same rules that were applicable to the appointment of the arbit....
The interpretation of Section 15(2) of the Arbitration and Conciliation Act, 1996 is that where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the ru....
The main legal point established in the judgment is that the application under section 11(6) of the Act, 1996 is not maintainable when the sole Arbitrator is appointed by mutual consent and in the ab....
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
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.
Appointment of arbitrator by designation is permissible. Arbitration clauses in government contracts providing that an employee of the department will be the sole arbitrator are neither void nor unen....
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