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PRATEEK JALAN
Eco Recycling Ltd. – Appellant
Versus
National Research Development Corporation – Respondent
JUDGMENT
Prateek Jalan, J. (Oral)--By way of the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"], the petitioner assails an award dated 22.08.2019 rendered by a sole arbitrator in a dispute between the respondents herein (who were the claimants before the learned arbitrator) and the petitioner (who was the respondent therein).
2. The first ground raised in support of the petition by Mr. Rajeeve Mehra, learned Senior Counsel for the petitioner, is that the arbitral proceedings were void ab-initio as the learned arbitrator was unilaterally appointed by the Secretary, Department of Legal Affairs, Government of India, who was himself ineligible to act as the arbitrator.
3. I have heard Mr. Mehra and Mr. J.M. Kalia, learned counsel for the respondents on this issue.
4. Respondent No.1, National Research Development Corporation [hereinafter, "NRDC"] is an enterprise of the Department of Scientific and Industrial Research, Government in India ["hereinafter, "DSIR"], which is arrayed as respondent No.2. The arbitration proceedings arose out of a Tripartite Agreement dated 23.11.2010 [hereinafter, "the Agreement"] by which the respo
An award rendered by an ineligible arbitrator is void ab-initio, and the appointment of an arbitrator by an ineligible person goes to the root of the arbitrator's jurisdiction.
An ineligible arbitrator appointed unilaterally violates Section 12(5) of the Arbitration and Conciliation Act, rendering the arbitral award invalid.
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 ....
Unilateral appointment of an arbitrator without proper notice and in violation of statutory provisions renders the resulting award unsustainable and against the public policy of India.
The main legal point established in the judgment is the de jure ineligibility of the learned Sole Arbitrator to act as an Arbitrator in view of Section 12(5) of the Arbitration and Conciliation Act, ....
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