Najmi Waziri, J.(Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. This appeal impugns the order of the learned District Judge (Commercial), Central District, Tis Hazari Courts, Delhi dated 18.09.2021 in OMP (COMM.) No. 95 of 2020 which has set aside the Sole Arbitrator's award dated 22.11.2019 in respondent's petition under section 34 of Arbitration & Conciliation Act, 1996 (`The Act'), on the ground that it was rendered by an Arbitrator who was not appointed with the respondent's consent. Reliance was placed on the dicta of the Supreme Court in Perkins Eastman Architects DPC & Anr. V. HSCC (India) Ltd., (2020)20 SCC 760, which was rendered on 26.11.2019.

2. Mr. Inderbir Singh Alag, learned Senior Advocate appearing on behalf of the appellant submits that: i) no arguments were raised apropos the constitution of the Arbitral Tribunal till the arbitral proceedings were concluded; ii) the award had already been pronounced on 22.11.2019, so the rationale and benefit of Perkins Eastman (supra) was not available before the learned Sole Arbitrator; iii) the issue of the constitution of the Arbitral Tribunal was never pressed substantially nor pu