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DELHI HIGH COURT
VIBHU BAKHRU
Technocrats Advisory Services Private Limited – Appellant
Versus
Ministry of Road Transport & Highways – Respondent
| Table of Content |
|---|
| 1. formation of consultancy agreement and arbitration clause. (Para 1 , 2 , 3 , 4) |
| 2. disputes arise and arbitration is invoked. (Para 5 , 6 , 7 , 8) |
| 3. arguments on jurisdiction and appointment of arbitrator. (Para 9 , 10 , 11) |
| 4. court's reasoning regarding the appointment process. (Para 12 , 15 , 19 , 20 , 21) |
| 5. court appoints arbitrator and allows further proceedings. (Para 22 , 23) |
JUDGMENT
[Hearing held through video conferencing]
Vibhu Bakhru, J. (Oral)--Technocrats Advisory Services Private Limited (hereafter `TASPL'), a private company incorporated under the Companies Act, 2013, has filed the present petition under the Arbitration and Conciliation Act, 1996 (hereafter the `A&C Act'.), inter alia, praying as under:
"(a) a sole arbitrator may kindly be appointed by this Hon'ble Court to adjudicate the claims of the Petitioner against the Respondent from among the names on the panel of the Indian Road Congress (as annexed herewith);
(b) award the costs of this Petition in favor of the Petitioner and against the Respondent;"
2. On 28.10.2015, the respondent (hereafter `MoRTH') had entered into an Agreement for consultancy services (hereafter `the Agreement') wi
An arbitration clause limiting arbitrator appointment to a specific body is void if it interferes with a party's right to seek court intervention when the authority fails to act.
The court emphasized that clauses in arbitration agreements that restrict the appointment of an arbitrator to a specific person nominated by a party are in violation of the A&C Act and cannot control....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the law, and if found to be invalid, the court has the jurisdiction to set it asid....
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
The court affirmed that the claimant must secure the necessary Airport Entry Permits and upheld the arbitration award, ruling no breach by the respondent; consent regarding the arbitrator's appointme....
The court established that an arbitrator appointed by an ineligible individual cannot act, and waivers of objections regarding ineligibility must be expressed in writing, not inferred by conduct.
The court can appoint an independent arbitrator when the designated arbitrator has a conflict of interest, emphasizing the need for impartiality in arbitration proceedings.
An arbitrator's mandate can be terminated when they fail to act without undue delay; new appointments must ensure impartiality as per updated legal standards.
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