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DELHI HIGH COURT
VIBHU BAKHRU
Delhi Tourism and Transportation Development Corporation – Appellant
Versus
Swadeshi Civil Infrastructure Pvt. Ltd. – Respondent
JUDGMENT
[Hearing held through video conferencing]
Vibhu Bakhru, J. (ORAL)--Delhi Tourism and Transportation Development Corporation (DTTDC) (hereinafter `the petitioner') has filed the present petition under Section 14 (2) of the Arbitration and Conciliation Act, 1996 (hereinafter the `A&C Act'), inter alia, praying that the mandate of the learned Arbitrator, be terminated and further directions be issued for substitution of the learned Arbitrator by an independent and impartial Arbitrator.
2. The petitioner claims that the learned Arbitrator has displayed open bias in the conduct of arbitral proceedings and therefore, has rendered himself de facto and de jure unable to perform his functions as an Arbitrator.
3. The petitioner had awarded the Contract for construction of "Dilli Haat at Janakpuri, New Delhi (SH: - Civil, Water Supply, Sanitary Installation, Drainage, Development & Internal Electrical Installation Works etc.)" to the respondent. Certain disputes have arisen between the parties in respect of the said Contract. The respondent invoked the Arbitration Clause for adjudication of the said disputes. On 27.06.2017, the Chief Engineer of the petitioner appointed Sh. Om
Pre-award challenges to an arbitrator's mandate based on perceived bias are impermissible, and such concerns must be raised post-award under Section 34 of the Arbitration and Conciliation Act.
Arbitration - Time limit for arbitral award - A petition under Section 29A of Act cannot be permitted to be used by one of parties to seek substitution of an arbitrator merely on basis of its unsubst....
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.
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 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.
Point of Law : It is not open for the petitioner to challenge the learned Arbitrator on the ground that there are justifiable doubts as to his independence and impartiality in terms of the Guidelines....
The appointment of an arbitrator must comply with Section 12(5) of the Arbitration & Conciliation Act, ensuring independence and impartiality, regardless of when the arbitration proceedings were init....
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