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SURESH KUMAR KAIT
Prem Lal Singh Yadav – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT
(Oral)
1. For adjudication of disputes with respondent, petitioner has filed the present petition under the provisions of Section 11of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator.
2. Pertinently, the case of the petitioner rests upon Agreement No. 10/EE/WD-13/DDA/11-12 dated 01-06-2011 entered with respondent for work “Maintenance of various colonies under Dwarka Zone Nazul Account II SH : Repair of interlocking paver blocks, providing fixing RCC slab manhole covers and cleaning desilting of drain along 30.00 mtr. wide R/W at Sector 23 Dwarka” for an estimated Cost Rs. 6,01,409/- and tendered cost Rs. 3,99,919/-, awarded on 31.05.2011, to be completed within a month.
3. According the petitioner, the aforesaid work was completed on 31.10.2011 within the stipulated period of one month, against which petitioner had raised bills. However, certain disputes arose between the parties and respondent vide its letter dated 17.01.2021 informed the petitioner that the work was not completed in a proper manner. The disputes were adjudicated by an Arbitrator and the Award was published on 29.04.2016, wherein claims of petitioner were dismissed, which wa
Appointment of a sole arbitrator must comply with the provisions of the Arbitration and Conciliation Act, 1996 and should not be in violation of relevant legal precedents.
The court sanctioned the appointment of an Arbitrator despite procedural violations, highlighting the importance of adherence to statutory provisions while respecting the parties' agreements.
Disputes concerning contract completion and payment arise, necessitating arbitration as per the Arbitration and Conciliation Act, 1996.
The court applied the provisions of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator and ensure compliance before commencing the arbitration.
The court affirmed that arbitration proceedings should be initiated to resolve disputes, even if a no-claim certificate is invoked, unless the claims are manifestly devoid of merit.
A party cannot unilaterally appoint an Arbitrator as it undermines unbiased dispute resolution; a collective agreement for a sole Arbitrator is essential.
The main legal point established is the necessity of appointing an independent arbitrator to resolve disputes, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and rele....
Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
A unilateral appointment of an arbitrator violates principles of unbiased dispute resolution. An arbitrator must be appointed consensually or by the court.
Unilateral appointment of an arbitrator is impermissible; parties must appoint an arbitrator jointly or seek court appointment to ensure unbiased dispute resolution.
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