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PRATEEK JALAN
Pradeep Vinod Construction Co. – Appellant
Versus
Union of India – Respondent
JUDGMENT
Prateek Jalan, J. (Oral)--By way of this petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks termination of the mandate of the arbitral tribunal, which is adjudicating disputes between the parties under a Contract Agreement dated 16.11.2010 for "Misc. works such as construction of Duty Huts at L-Xings, water supply arrangements, provision of station name boards, hand pumps, circulating area, lifting barriers, approach roads and other allied works between RE-ROK in c/w Rewari-Rohtak New Line".
2. The Contract Agreement contains an arbitration clause (Clause 64 of the General Conditions of Contract), which contemplates resolution of disputes by arbitration. It is provided that in claims exceeding Rs.10,00,000/- 1[I am informed that this amount has since been raised to Rs.1 Crore. However, the present case undisputedly concerns a claim in excess of Rs.1 Crore.], the arbitral tribunal would consist of a sole arbitrator and in other cases, it would consist of three arbitrators. The clause contemplates nomination of one of the members of the tribunal by the contractor from a panel of Gazetted Railway Officers, forward
The court emphasized the neutrality and objectivity of the arbitral tribunal, as provided in the Arbitration and Conciliation Act, 1996, and various judgments, in determining the termination of the a....
The court may appoint a Sole Arbitrator when a party's prolonged failure to reconstitute the Arbitral Tribunal frustrates the arbitration process.
Interpretation of arbitration agreement in Clause 64 of GCC and applicability of Section 12(5) of the Arbitration and Conciliation Act, 1996
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
An employee of the respondent or even a retired employee would be ineligible to be appointed as an arbitrator. The panel of arbitrators should be broad-based and should include persons with diverse b....
The main legal point established in the judgment is the ineligibility of the appointed arbitrator under Section 12(5) read with Schedule VII of the Arbitration Act and the requirement for a panel of ....
Unilateral appointment of arbitrators by one party violates the principle of impartiality and fairness in arbitration, as established by the Supreme Court.
Delays in arbitration proceedings and failure to comply with the requirements of the Arbitration and Conciliation Act, 1996 can warrant the termination of an arbitrator's mandate.
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