JYOTI SINGH
Neco Heavy Engineering And Castings Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present petition has been filed by the Petitioner under Section 14(1)(a) and 14(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act') seeking inter alia termination of the mandate of Sh. H.K. Jaggi, learned Sole Arbitrator appointed to adjudicate the disputes between the parties and in the alternative to direct the said Arbitrator to pass the award within one month, in the interest of justice.
2. The chronology of dates and events shows that disputes arose between the parties pertaining to an agreement dated 18.06.1999, executed between them. Disputes having arisen, Sh. H.K. Jaggi, Advisor (L&A), Railway Board was appointed as a Sole Arbitrator on 06.08.2001. On 09.10.2002, the learned Sole Arbitrator passed the award in favour of the Petitioner, which was challenged by the Respondents under Section 34 of the Act in O.M.P. No.46/2003. The petition was dismissed by this Court vide judgment dated 14.12.2005. The judgment was challenged by the Respondents in an appeal being FAO(OS) 602-603/2006. Vide judgment dated 06.08.2007, the Division Bench remanded the matter back to the Sole Arbitrator and thereafter parties wer
The court has the authority to direct an arbitrator to pass the award expeditiously, considering the delay and the parties' agreement to proceed with the same arbitrator.
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.
The central legal point established is the enforcement of the dispute resolution mechanism and the appointment of a sole arbitrator as per the Contract Agreement and the Arbitration and Conciliation ....
The unilateral appointment of an arbitrator by one party, violating Section 12(5) of the Arbitration and Conciliation Act, 1996, renders the arbitrator ineligible, necessitating the appointment of a ....
The unilateral appointment of an Arbitrator contravenes statutory requirements, leading to termination of the mandate if the appointment raises doubts about independence or impartiality.
The de jure disqualification of an Arbitrator under A&C Act, 1996, Section 14(1) leads to the termination of the mandate and the appointment of a substitute Arbitrator.
The main legal point established in the judgment is that the application under section 11(6) of the Act, 1996 is not maintainable when the sole Arbitrator is appointed by mutual consent and in the ab....
Section 12(5) of the Arbitration and Conciliation Act mandates the termination of an arbitrator's mandate if applicable, ensuring appointment of a qualified substitute arbitrator for fairness in proc....
The unilateral appointment of an arbitrator by one party without consent of the other violates the Arbitration and Conciliation Act, resulting in automatic termination of the arbitrator's mandate.
The court may appoint a Sole Arbitrator when a party's prolonged failure to reconstitute the Arbitral Tribunal frustrates the arbitration process.
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