VIBHU BAKHRU
Alok Narang – Appellant
Versus
Kayaan Marketing & Distribution Pvt Ltd – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner has filed the present petition under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter the 'A&C Act'), 1996, inter alia, praying that the appointment of the Sole Arbitrator appointed by the respondent be declared void. The petitioner also impugns the order dated 29.07.2020 passed by the learned Arbitrator rejecting the petitioners application challenging his appointment.
2. The parties had entered into an agreement on 31.01.2020 ( 'the Agreement') for operating of a restaurant and bar, namely "CAFF ME", in the basement and ground floor of the building bearing no.B1/1 and B1/2, Block, Community Centre, Janakpuri. The petitioner claims that the restaurant could not be operated successfully in view of the lockdown imposed on account of the outbreak of COVID-19.
3. The respondent sent an email dated 02.06.2020 alleging nonperformance on the part of the petitioner. Thereafter, by a letter dated 05.06.2020, the respondent terminated the Agreement dated 31.01.2020.
4. Admittedly, disputes have arisen between the parties in connection with the said Agreement dated 31.01.2020.
5. By a notice dated 04.07.2020, the respondent proceeded
Bharat Broadband Network Limited vs. United Telecoms Limited
Unilateral appointment of an arbitrator by one party is impermissible, and ineligibility to appoint an arbitrator is established based on relevant legal provisions and precedents.
The de jure disqualification of an Arbitrator under A&C Act, 1996, Section 14(1) leads to the termination of the mandate and the appointment of a substitute Arbitrator.
An appointment made by an ineligible person as an arbitrator is void, and waiver of objection under Section 12(5) of the A&C Act requires an express agreement in writing after the disputes have arise....
The unilateral appointment of a Sole Arbitrator by a party in conflict with statutory provisions and judicial judgments is impermissible. The waiver of the right to object and the criteria for impart....
Unilateral appointment of an arbitrator by a party with an interest in disputes is invalid and conflicts with the impartiality requirement in arbitration law.
Unilateral appointment of an arbitrator without concurrence violates Section 12(5) of the Arbitration and Conciliation Act, rendering the award void ab initio.
The unilateral appointment of an arbitrator by one party, violating Section 12(5) of the Arbitration and Conciliation Act, 1996, renders the arbitrator ineligible, necessitating the appointment of a ....
The unilateral appointment of an Arbitrator contravenes statutory requirements, leading to termination of the mandate if the appointment raises doubts about independence or impartiality.
The unilateral appointment of an arbitrator without engaging the other party and the applicability of statutory provisions and legal precedents in determining the legitimacy of the appointment.
Unilateral appointment of an arbitrator without consent is impermissible, and the court has jurisdiction to interfere when a challenge is raised on the ground of ineligibility of an arbitrator under ....
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