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DELHI HIGH COURT
SURESH KUMAR KAIT
Sacheerome Advanced Technologies – Appellant
Versus
NEC Technologies India Pvt. Ltd. (NECI) – Respondent
| Table of Content |
|---|
| 1. petitioner seeks appointment of a substituted arbitrator. (Para 4) |
| 2. parties do not dispute the appointment of a new arbitrator. (Para 5 , 7) |
| 3. court allows petition for substituted arbitrator. (Para 6 , 8 , 10 , 11 , 12) |
| 4. ms. radhika biswajit dubey appointed as sole arbitrator. (Para 9) |
| 5. petition disposed of with directions. (Para 14) |
The hearing has been conducted through video conferencing.
I.A. 9852/2021 (exemption)
1. Allowed subject to all just exceptions.
2. The application is disposed of.
I.A. 9853/2021 (exemption)
3. The application is disposed of with direction to file necessary affidavits within four days of this Court resuming normal functioning.
O.M.P. (T) (COMM.) 74/2021
4. The present petition has been preferred by the petitioner under the provisions of Section 14 (1) (A) read with Section 15 of the Arbitration and Conciliation Act, 1996 seeking appointment of substituted Arbitrator, to adjudicate the dispute between the parties.
5. Learned senior counsel appearing on behalf of petitioner submits that parties had entered into an agreement dated 11.06.2019 consisting of an arbitration clause/arbitration agreement. Thereaft
The court allows appointment of a substituted Arbitrator without restarting proceedings, ensuring continuity after the original Arbitrator's demise.
Point of law : Arbitration Agreement – Death of Arbitrator – On death of arbitrator another arbitration appointed.
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 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....
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.
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....
Upon the demise of an appointed Arbitrator, the court may appoint a substitute, affirming that the right of the opposing party to nominate ceases and statutory compliance is essential before arbitrat....
The court has the authority to appoint a substitute arbitrator if the original arbitrator passes away, allowing for the continuation of arbitration proceedings.
A substitute arbitrator must be appointed according to statutory provisions when the mandate of the previous arbitrator is terminated by mutual consent.
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....
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