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SURESH KUMAR KAIT
Enarch Consultants Pvt. Ltd. – Appellant
Versus
Lalji Superspeciality Hospital And Research – Respondent
JUDGMENT
(Oral)
The hearing has been conducted through video conferencing.
1. The present petition has been preferred by the petitioner under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Sole Arbitrator to adjudicate the dispute between the parties.
2. The Petitioner- M/s. Enarch Consultants Pvt. Ltd. is said to be engaged in providing Architectural and Engineering Consultancy Services. Petitioner-company claims to have provided consultancy of Architectural, Engineering and Interior Services to respondent- M/s Lalji Super Speciality Hospital & Research Centre for setting up of a 250 bed Hospital with Guest House facilities and for this purpose, a Contract Agreement was entered between the petitioner and the respondent on 15.01.2016.
3. During execution of the work certain disputes arose between the parties, which could not be settled and so, petitioner-company invoked arbitration vide its letter dated 10.5.2017 in terms of Contract Agreement dated 15.01.2016. However, after rejection of petitioner’s invocation of arbitration by the respondent vide its letter dated 22.05.2017, petitioner approached this Court seeking appointment of
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....
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....
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
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.
The main legal point established is the court's authority to appoint a substituted Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996 following the demise of the previous A....
A substituted arbitrator can be appointed under the Arbitration and Conciliation Act, 1996, following the demise of the previous arbitrator without objection from the parties involved.
Court appointed a new Sole Arbitrator under the Arbitration and Conciliation Act due to the previous Arbitrator's demise, allowing all parties to raise issues before the new Arbitrator.
The Court's decision was based on the provisions of the Arbitration and Conciliation Act, 1996, allowing for the appointment of a Sole Arbitrator and extension of time for making the award.
Section 11 of the Arbitration and Conciliation Act, 1996 does not provide for the substitution or termination of the mandate of an arbitrator, and cannot be invoked to substitute an arbitrator appoin....
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