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NAVIN CHAWLA
Man Industries (india) Limited – Appellant
Versus
Indian Oil Corporation Limited – Respondent
JUDGMENT
1. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') challenging the Arbitral Award dated 03.02.2018 passed by the learned Sole Arbitrator adjudicating the disputes that had arisen between the parties in relation to the Purchase Order dated 08.08.2013 placed by the respondent on the petitioner for line pipes for de- bottlenecking Salya-Mathura Pipeline.
2. The present petition was filed by the petitioner around 01.05.2018. During the pendency of the present petition, the petitioner filed an application, being I.A. No. 13103/2022, praying for leave to amend the petition by adding ground `DD' as an additional ground of challenge to the Impugned Award. Ground `DD' challenges the Impugned Award on the ground that the learned Sole Arbitrator was de jure ineligible to adjudicate the disputes between the parties in terms of Section 12(5) of the Act and the judgments of the Supreme Court in TRF Limited v. Energo Engineering Projects Limited, (2017)8 SCC 377; Bharat Broadband Network Limited v. United Telecoms Limited, (2019)5 SCC 755 and Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd., (2
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, ....
The main legal point established in the judgment is that the appointment of the sole arbitrator unilaterally by one of the parties was improper and impermissible, violating the provisions of Section ....
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.
Participation in arbitration without objection constitutes a waiver of the right to challenge the appointment of the arbitrator, as per Sections 4 and 12 of the Arbitration and Conciliation Act.
The appointment of an arbitrator in violation of the Arbitration and Conciliation Act renders the interim award unenforceable, emphasizing the necessity of proper notice and jurisdictional compliance....
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.
: An interim award passed by an ineligible arbitrator is unenforceable.
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