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DINESH KUMAR SHARMA
SPML Infra Limited – Appellant
Versus
Power Grid Corporation of India Limited – Respondent
JUDGMENT :
Dinesh Kumar Sharma, J.
1. This judgment proposes to dispose of both the above said petitions by a common judgment. O.M.P.(MISC.)(COMM.) 286/2023 has been filed with the following prayer :
2. Set Aside the impugned Order dated 01.06.2023 of the Arbitral Tribunal in the above captioned case;
3. Set Aside the impugned Order dated 28.10.2022 of the Arbitral Tribunal in the above captioned case;
4. Pass a direction to the Arbitral Tribunal for conducting and concluding the Arbitration for the Original Agreed Fees as per the Fourth Schedule.
5. Stay the proceedings before the Arbitral Tribunal till the present application pertaining to prayers 1, 2 and 3 has been adjudicated upon by this Hon'ble Court; and
6. Pass such other or further order as this Hon'ble Court may deem fit and proper in favour of the Petitioner in the facts and circumstances of the present case.”
2. O.M.P. (T) (COMM.) 79/2023 has been filed with the following prayer :
Arbitrators cannot unilaterally enhance fees without party consent, reaffirming the principle of party autonomy in arbitration agreements.
Arbitration fees must adhere strictly to the terms of the Arbitration Agreement, and unilateral alterations by the Tribunal are impermissible.
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
The main legal point established in the judgment is that the grounds for termination of an arbitrator's mandate must satisfy the circumstances laid down under the Act and the precedents set by the Ho....
The arbitral Tribunal was entitled to fix its fee as its appointment was made by way of an ad hoc agreement between the parties.
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
The challenge for the appointment of Arbitrator under Section 13 of the Act can only be made along with the final award under Section 34.
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