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DELHI HIGH COURT
SURESH KUMAR KAIT
Maya Rani Singhal – Appellant
Versus
Hardeep Singh – Respondent
| Table of Content |
|---|
| 1. conclusion and disposal of the application. (Para 1 , 2 , 3 , 4 , 16) |
| 2. seeking appointment of an arbitrator under the arbitration act. (Para 5 , 8) |
| 3. request for extension of time to make the award. (Para 10) |
| 4. appointment of sole arbitrator and compliance requirements. (Para 11 , 12 , 13 , 15) |
The hearing has been conducted through video conferencing.
I.A. 8964/2021 (exemption)
1. Allowed subject to all just exceptions.
2. Application is disposed of.
I.A. 8965/2021 (exemption)
3. Allowed subject to all just exceptions and with direction to file requisite affidavits within four weeks of the Court resuming normal functioning.
4. Application is disposed of.
O.M.P. (T) (COMM.) 64/2021
5. The present petition has been preferred by the petitioner under the provisions of Sections 14 & 15 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator under substitution.
6. Notice issued.
7. Mr. Deepak Arora, Advocate, accepts notice on behalf of respondent.
8. Learned counsel for petitioner submits that to adjudicate the disputes and differences between the parties in relation to, connected with and arising out of the
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.
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.
The court allows appointment of a substituted Arbitrator without restarting proceedings, ensuring continuity after the original Arbitrator's demise.
The main legal point established is the court's authority to appoint a substituted Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996 following the demise of the previous A....
Point of law : Arbitration Agreement – Death of Arbitrator – On death of arbitrator another arbitration appointed.
The court appointed a new Sole Arbitrator following the death of the previous Arbitrator, emphasizing adherence to arbitration procedures per the Arbitration and Conciliation Act, 1996.
The necessity to appoint a new Arbitrator is confirmed under Sections 14 and 15 of the Arbitration and Conciliation Act, recognizing the continuation of the arbitration process post-demise of the ori....
The court verified the need for appointing a new Sole Arbitrator due to the incumbent's inability to continue, ensuring a fair arbitration process as per Section 15(2) of the Arbitration and Concilia....
In the event of the demise of the sole Arbitrator, a new Arbitrator can be appointed to continue the arbitration proceedings in accordance with Sections 14 & 15 of the Arbitration and Conciliation Ac....
The court has the authority to appoint a substituted arbitrator at the joint request of counsel representing both sides, and the appointed arbitrator must ensure compliance with Section 12 of the arb....
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