Back
DELHI HIGH COURT
C.HARI SHANKAR
Caparo Financial Solutions Ltd. – Appellant
Versus
Bhakti Enterprises – Respondent
| Table of Content |
|---|
| 1. need for appointing a substitute arbitrator due to withdrawal. (Para 1 , 2) |
| 2. respondents’ concerns regarding their right to file a defense. (Para 3 , 4) |
| 3. court's role under section 11(6) of the 1996 act. (Para 5) |
| 4. appointment and re-establishment of arbitration proceedings. (Para 6 , 7) |
| 5. conclusion and disposal of the petition. (Para 8) |
1. Arbitral proceedings are pending between the parties. They were proceeding before Mr. Ashok Mathur, who had been appointed as an arbitrator by the petitioner vide letter dated 16thth August, 2018. However, during the course of the proceedings, the learned arbitrator withdrew from the proceedings on 26 November, 2020, citing personal difficulties. It is in these circumstances that the petitioner has approached this Court for appointing a substitute arbitrator.
2. It is obvious that as the arbitral proceedings are going on, a substitute arbitrator has to be appointed.
3. Learned counsel, who had appeared for the respondents on the last date of hearing, had submitted that his client would, in all possibility, have no objection to appointment of a substitute arbitrator, as the earlier arbitrator withdrew from
The court allows appointment of a substituted Arbitrator without restarting proceedings, ensuring continuity after the original Arbitrator's demise.
Section 11 of the Arbitration and Conciliation Act, 1996 does not provide for the substitution or termination of the mandate of an arbitrator, and cannot be invoked to substitute an arbitrator appoin....
Neutrality of the arbitrator is essential; a substitute arbitrator can be appointed by mutual consent to maintain fairness in arbitration proceedings.
The main legal point established is the court's authority to appoint a substitute arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996, when the initially appointed arbitrator fa....
A substituted arbitrator can be appointed under the Arbitration and Conciliation Act, 1996, following the demise of the previous arbitrator without objection from the parties involved.
Point of law : Arbitration Agreement – Death of Arbitrator – On death of arbitrator another arbitration appointed.
The court has the authority to appoint a substitute arbitrator if the original arbitrator passes away, allowing for the continuation of arbitration proceedings.
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....
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.
Proper proceedings under the Arbitration and Conciliation Act can include substitution of an arbitrator when a nominated arbitrator returns the reference.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
