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CHANDRA DHARI SINGH
Dewan Chand – Appellant
Versus
B. P. T. P. Ltd. – Respondent
ORDER :
Chandra Dhari Singh, J.
This matter is taken up today as 09.03.2023 was declared as Holiday.
1. The present petition has been filed on behalf of the petitioner under section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) seeking the following reliefs:
b) Pass any other order/orders as this Hon'ble Court might deem fit and proper in the facts in the facts and circumstances of the case.”
2. Learned counsel appearing on behalf of the petitioner submitted that the present petition has been filed on behalf of the petitioner seeking appointment of an arbitrator in the matter titled as “M/s Dewan Chand Vs. M/s BPTP Ltd.” pending before Justice (Retd.) R.V. Easwar.
3. It has been submitted on behalf of the petitioner that this Court vide order dated 16th January, 2019 appointed the current arbitrator to adjudicate the disputes between the parties, in view of the demise of the former arbitrator.
4. It has been submitted on behalf of the petitioner that the proce
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....
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....
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....
Premature petitions under Section 11 of the Arbitration and Conciliation Act, 1996, are not maintainable when a Sole Arbitrator has already been appointed, and unresponsiveness of the current Arbitra....
A substitute arbitrator must be appointed according to statutory provisions when the mandate of the previous arbitrator is terminated by mutual consent.
The court retains the authority to appoint a substitute arbitrator when the original arbitrator's mandate expires, regardless of other party actions to appoint arbitrators.
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....
Strict enforcement of arbitration agreement and the law does not permit either party to act as an arbitrator or appoint the arbitrator to arbitrate on the disputes.
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.
The court emphasized that the timeframe for appointing an arbitrator, as set in the agreement, is mandatory, and any deviation undermines the arbitration agreement's validity.
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