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SURESH KUMAR KAIT
United Telecoms Ltd – Appellant
Versus
Bharat Broadband Network Ltd. – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed by the petitioner under Section 15(2) of the arbitration and Conciliation act, 1996 seeking appointment of a Sole arbitrator in substitution.
2. For adjudication of the disputes with respondent, this Court by order dated 25.04.2019 [ in OMP. (I) (COMM) No. 125/2019] had appointed Mr. Justice (Retd.) Jagannadha Rao, the sole arbitrator. according to petitioner, the learned arbitrator had to adjudicate two cases aPO-I and aPO-II. The arbitral proceedings in respect of aPO-II stood concluded and the arbitration award was rendered on 06.06.2021 and 07.07.2021 in respect thereof. However, arguments in aPO-I though commenced but could not be completed owing to illness of the Counsel and restraints of covid pandemic.
3. Learned counsel for petitioner has submitted that an email dated 21.09.2021 has been received from the learned sole arbitrator wherein he has expressed his inability to hear the arguments in aPO-I and, therefore, the present petition has been filed seeking appointment of a substituted arbitrator.
4. Notice issued.
5. Mr. Chandan N. Kamra, advocate, accepts notice on behalf of respondent.
6. Learned counsel fo
The court has the authority to appoint a substituted arbitrator at the joint request of counsel representing both sides, and the appointed arbitrator must ensure compliance with Section 12 of the arb....
The court verified the need for appointing a new Sole Arbitrator due to the incumbent's inability to continue, ensuring a fair arbitration process as per Section 15(2) of the Arbitration and Concilia....
The court has the authority to appoint a substituted Arbitrator when the initially appointed Arbitrator conveys inability to act due to a conflict of interest.
The court ruled that a substituted Arbitrator may be appointed under Section 15(2) of the Arbitration and Conciliation Act, emphasizing the need for the Arbitrator's impartiality and independence.
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.
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....
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 main legal point established is the court's authority to appoint a substitute arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996, when the initially appointed arbitrator fa....
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....
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.
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