CHANDRA DHARI SINGH
Mubarak Overseas Private Limited – Appellant
Versus
Union of India – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)--The instant petition under Section 11(6)(C) read with Section 43(4) of the Arbitration and Conciliation Act, 1996 (hereinafter "The Act, 1996"), has been filed on behalf of petitioner seeking the following relief:
"1. Appoint a sole arbitrator to adjudicate upon the disputes between the parties in terms of the above noted agreement (RFP) dated 13.06.2017..."
2. Learned counsel for the petitioner submitted that the present petition arose as a result of setting aside the Arbitral Award dated 31st October 2021 passed by Dr. Padmini Singh, the Learned Sole Arbitrator, whereby she was pleased to dismiss the claim of the petitioner and allow the counter-claim of the respondent without any evidence being led by the respondent in support of losses which they suffered, by learned District Judge(Commercial Court)-02, Patiala House Courts, New Delhi vide Order dated 28th September 2022. It is further submitted that the issue now remains unresolved and inconclusive and the requirement of another Arbitral Tribunal has arisen to adjudicate the disputes between the parties.
3. Learned counsel for the petitioner further submitted that the RFP bearing no. 62501
The court's decision emphasizes the importance of referring disputes to arbitration in accordance with the Arbitration and Conciliation Act, 1996.
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....
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
The court asserted that an Arbitrator must be mutually appointed under contract terms to ensure unbiased resolution of disputes, rejecting unilateral appointments.
The main legal principle established in the judgment is the court's authority to appoint a Sole Arbitrator and refer disputes arising from a tender to Arbitration in accordance with the provisions of....
Unilateral appointment of an Arbitrator is not acceptable, and an Arbitrator must be appointed in accordance with the arbitration agreement and the provisions of the Standard Conditions of Supply Ord....
The court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The court appointed a sole arbitrator to resolve disputes under a tender agreement after the respondent failed to respond to the arbitration notice, confirming necessity when an arbitration clause is....
Unilateral appointment of an Arbitrator is not acceptable as it defeats the purpose of unbiased adjudication of disputes between the parties.
The court has the authority to appoint a new arbitrator to adjudicate disputes when the earlier arbitrator withdraws from the proceedings, and the petitioner would suffer prejudice without a new arbi....
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