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SURESH KUMAR KAIT
Inderjit Mehta Constructions Pvt Ltd – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondents.
2. Petitioner is a private limited company registered under the Companies Act, 1956 and is in the business of construction.
3. Respondent Nos.1 and 2 are State under Article 12 of the Constitution of India and are department of UOI under the Ministry of Defence. respondent No.1 is Accepting Officer of the subject Contract and respondent No.2 is the Appointing Authority of Arbitrator.
4. As per the averments made in the present petition, petitioner and respondent No.1 had entered into a contract for Completion of Balance Work for Construction of Dwelling Units including Allied Services for Officers, JCOs/OR's at Kirkee bearing C.A. NO. DGMAP/PHASE-II/PKG-23/A/R&C/04 of 2015-2016. After completion of the work, certain disputes arose and in respect to the same, a notice dated 22.06.2019 invoking arbitration was issued by the petitioner to DGMAP vide letter dated 22.06.2019 but no response was received from the respondents. Again a letter dated 27.07.2019 was issued to resp
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
The party with the right to appoint a sole arbitrator should not have the power to appoint a sole arbitrator when they have an interest in the outcome of the dispute.
The court has the authority to appoint a sole Arbitrator in accordance with the Arbitration Clause forming a part of the Contract.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
A party cannot appoint an arbitrator who has an interest in the dispute's outcome, ensuring impartiality in arbitration proceedings.
The court has jurisdiction to appoint an arbitrator when parties cannot agree, reaffirming the necessity to comply with provisions of the Arbitration and Conciliation Act, 1996.
The necessity to appoint a new Arbitrator is confirmed under Sections 14 and 15 of the Arbitration and Conciliation Act, recognizing the continuation of the arbitration process post-demise of the ori....
In the event of the demise of the sole Arbitrator, a new Arbitrator can be appointed to continue the arbitration proceedings in accordance with Sections 14 & 15 of the Arbitration and Conciliation Ac....
Whatever advantage a party may derive by nominating an arbitrator of its choice would get counter balanced by equal power with the other party. But, in a case where only one party has a right to appo....
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