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MANMOHAN, MINI PUSHKARNA
Ramender Oil Carrier – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent
JUDGMENT
Manmohan, J. (Oral)
1. Present appeal has been filed challenging the impugned order dated 23rd February, 2022 passed by the learned District Judge in OMP (Comm) No.40/2019, whereby the petition to set aside the Arbitral Award dated 13th August, 2019 passed by the Sole Arbitrator was dismissed.
2. Learned counsel for the appellant states that the learned District Judge failed to appreciate that the Sole Arbitrator was a serving officer of the respondent and was ineligible to be appointed as an Arbitrator to adjudicate the disputes between the parties in accordance with Section 12(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act, 1996') read with its Seventh Schedule.
3. Learned counsel for the appellant further states that as per para 7 of the letter dated 06th October, 2016, the appellant had consented to appointment of an independent Arbitrator only to conduct the arbitration proceedings. He clarifies that the appellant vide letter dated 06th June, 2018 had agreed to initiation of arbitration process to be conducted by the `Arbitration Officer' and that the respondent with ulterior motives persuaded the appellant to insert the word `
The unilateral appointment of an arbitrator without engaging the other party and the applicability of statutory provisions and legal precedents in determining the legitimacy of the appointment.
The court established that under the amended Arbitration and Conciliation Act, 1996, an arbitrator must be independent and impartial, and parties cannot appoint an arbitrator if the appointing author....
The main legal point established in the judgment is the ineligibility of an arbitrator based on the amended provision in Section 12(5) of the Arbitration and Conciliation Act, 1996, and the voidness ....
A party with an interest in a dispute is ineligible to appoint an arbitrator, ensuring impartiality in arbitration proceedings.
Ineligibility of a departmental person as an arbitrator under the amended Act of 2015 and the appointment of an independent arbitrator to resolve disputes.
The unilateral appointment of a Sole Arbitrator by a party in conflict with statutory provisions and judicial judgments is impermissible. The waiver of the right to object and the criteria for impart....
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