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JYOTI SINGH
Rakesh Kumar And Co. – Appellant
Versus
Delhi Development Authority – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
1. Present petition has been filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `1996 Act') for revocation and termination of the mandate of Shri R.K. Aggarwal, appointed as arbitrator vide letter dated 02.11.2021.
2. Disputes between the parties pertain to a work contract awarded by the Respondent to the Petitioner with respect to `D/o Main land at Hastsal area. SH: C/o 30 mtr. Road along Najafgarh drain connecting Hastsal DDA flats at PWD road no. 237 upto Najafgarh Road'. Pursuant to the letter of award, an agreement dated 02.11.2017 was executed between the parties governed by General Conditions of Contract and containing an arbitration agreement under clause 25 (ii) of GCC.
3. As disputes relating to the contract were not resolved amicably, Petitioner vide letter dated 26.12.2020 invoked the arbitration clause and requested the Competent Authority to appoint a sole Arbitrator. Sh. R.K. Aggarwal, Retd. Principal CE, Northern Railway was appointed as a sole Arbitrator, who entered upon reference on 13.11.2021 but carried on with the proceedings without a dec
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 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.
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 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.
Court appointed a new Sole Arbitrator under the Arbitration and Conciliation Act due to the previous Arbitrator's demise, allowing all parties to raise issues before the new Arbitrator.
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 ....
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