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VIBHU BAKHRU
Mohd Tariq Usmani – Appellant
Versus
Jeetender Pal And Another – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner has filed the present petition under Sections 14 and 15 of the arbitration and Conciliation act, 1996 (hereafter 'the a&C act') praying that the mandate of the arbitrator, one Mr Manoj Kumar Verma, be terminated as he was unilaterally appointed by the respondent. The petitioner further prays that another arbitrator be appointed in his place.
2. There is no dispute that the said arbitrator was appointed unilaterally by the respondent to adjudicate the disputes that have arisen between the parties in connection with a Partnership Deed dated 01.05.2018 (hereafter 'the Partnership Deed'). In terms of the Partnership Deed, the petitioner and respondent had agreed that the business of the firm shall be carried out under the name - M/s Ocean Exim India (respondent no.2).
3. On 14.01.2020, respondent no. 1 issued a legal notice to the petitioner and respondent no. 2 invoking the arbitration agreement (Clause 12 of the Partnership Deed) and further appointed Mr Manoj Kumar as the Sole arbitrator. The petitioner responded to the said notice by a letter dated 03.03.2020/05.03.2020 sent by his advocate.
4. Respondent no.1 (hereafter 'the respondent') st
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 ....
The main legal point established in the judgment is the application of Section 12(5) of the Arbitration and Conciliation Act, 1996, and the proviso allowing parties to waive disqualification through ....
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.
Point of Law : It is not open for the petitioner to challenge the learned Arbitrator on the ground that there are justifiable doubts as to his independence and impartiality in terms of the Guidelines....
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 by one party without consent of the other violates the Arbitration and Conciliation Act, resulting in automatic termination of the arbitrator's mandate.
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