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DELHI HIGH COURT
C.HARI SHANKAR
Elekta Medical Systems Pvt. Ltd. – Appellant
Versus
Institute of Liver and Biliary Sciences – Respondent
| Table of Content |
|---|
| 1. termination of arbitrator's mandate under section 12(5). (Para 1) |
| 2. consent on applicability of legal provisions. (Para 2 , 3) |
| 3. appointment of substitute arbitrator. (Para 4 , 5 , 6) |
| 4. disposition of petition and application. (Para 7) |
(Video-Conferencing)
C. Hari Shankar, J.
O.M.P. (T) (COMM.) 18/2021
1. The petitioners, by this petition, seek termination of the mandate of the arbitrator, presently in seisin of the disputes between the parties in view of Section 12(5) of the Arbitration and Conciliation Act, 1996 ("the 1996 Act") read with the judgments of the Supreme Court in Bharat Broadband Network Ltd. v. United Telecoms Ltd., (2019) 5 SCC 755, Perkins Eastman Architects DPC v. HSCC (India) Ltd., 2019 SCC Online SC 1517 and Haryana Space Application Centre v. Pan India Consultants Pvt. Ltd., (2021) 3 SCC 103.
2. Mr. Sanjay Poddar, learned Senior Counsel for the respondent, fairly concedes to the applicability of Section 12(5) of the 1996 Act as well as the aforesaid decisions and, therefore, submits that this Court may appoint an arbitrator in place of the arbitrator presently in seisin of the disputes.
3. As such, without meaning any di
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....
Delays in arbitration proceedings and failure to comply with the requirements of the Arbitration and Conciliation Act, 1996 can warrant the termination of an arbitrator's mandate.
Neutrality of the arbitrator is essential; a substitute arbitrator can be appointed by mutual consent to maintain fairness in arbitration proceedings.
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....
The court has the authority to direct an arbitrator to pass the award expeditiously, considering the delay and the parties' agreement to proceed with the same arbitrator.
The court emphasized that the timeframe for appointing an arbitrator, as set in the agreement, is mandatory, and any deviation undermines the arbitration agreement's validity.
The court emphasizes that failure to comply with the arbitration clause entitles the petitioner to seek judicial appointment of an arbitrator.
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