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SURESH KUMAR KAIT
Hashnine SystePvt. Ltd. – Appellant
Versus
Eastern Air Command Head Quarters), Indian Air Force – Respondent
JUDGMENT
(Oral)
1. The present petition has been preferred seeking appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 for adjudication of disputes which have arisen between the parties.
2. The case of the petitioner in nutshell is that respondent has arbitrarily invoked the Bank Guarantee No. 00960100000226 dated 14.03.2014 for an amount of Rs 21,36,100/- and Bank Guarantee No. 00960100000249, dated 26.06.2014 for an amount of Rs.10,68,035/- and its various efforts to approach the respondent to resolve the disputes, went in vain. In such circumstances, petitioner sent a Legal Notice dated 16.11.2018 to respondent to refund amount of Rs.32,04,135/- along with the @18% and further sent a notice dated 02.03.2020 to either make the payment within 15 days or consider the notice as ‘Notice Invoking Arbitration under Clause 3 of the Part III -Standard Conditions of Supply Orders No. EAC/SO POV /03/2013-14 dated 03.03.2014 (12 Bases) (Main Order) and EAC/SO POV /01/2014-15 dated 26.05.2014 (Repeat Order)’.
3. In terms above, respondent was called upon to appoint an Arbitrator within sixty days to adjudicate the dispute(s) which arose between the pa
Unilateral appointment of an Arbitrator is not acceptable as it defeats the purpose of unbiased adjudication of disputes between the parties.
The court asserted that an Arbitrator must be mutually appointed under contract terms to ensure unbiased resolution of disputes, rejecting unilateral appointments.
Unilateral appointment of an Arbitrator is not acceptable, and an Arbitrator must be appointed in accordance with the arbitration agreement and the provisions of the Standard Conditions of Supply Ord....
Unilateral appointment of an arbitrator is contrary to Section 12(5) of the Arbitration and Conciliation Act, necessitating mutual agreement for such appointment.
A court, under sections 11(5) and (6) of the Arbitration and Conciliation Act, is obligated to appoint an arbitrator when a valid arbitration clause exists and the other party does not oppose the pet....
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The main legal principle established in the judgment is the court's authority to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when a dispute arises and no arbi....
The court affirmed the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, for disputes arising from an uncontested License Agreement.
The High Court has the power under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator to resolve disputes where a valid arbitration agreement exists and the opp....
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