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DELHI HIGH COURT
SURESH KUMAR KAIT
You-One Maharia JV – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. petitioner's bid acceptance and contract initiation. (Para 1 , 2) |
| 2. arbitration proceedings initiation and disputes arising. (Para 3 , 4) |
| 3. court observations on arbitrator appointments. (Para 5 , 6) |
| 4. appointment of new presiding arbitrator. (Para 7 , 8) |
| 5. fee compliance and petition disposal. (Para 9 , 10 , 11) |
The hearing has been conducted through video conferencing.
1. The above captioned petitions have been filed by the petitioner under the provisions of Section 14 of the Arbitration and Conciliation Act, 1996. Petitioner is an unincorporated joint venture between Hoban Engineering & Construction Ltd. (earlier known as YOU-ONE Engineering & Construction Co. Ltd.) under the laws of the Republic of Korea, who had submitted a bid to respondent, an autonomous agency of Ministry of Road Transport and Highway, Government of India for widening lanes and roads in the State of Andhra Pradesh. Pursuant to acceptance of bid made by the petitioner, a Contract Agreement dated 23.05.2001 was entered between the parties and petitioner commenced the work.
2. According to petitioner, despite various lapses, defaults and breaches, petitioner continued to w
Unilateral appointment of arbitrators by one party violates the principle of impartiality and fairness in arbitration, as established by the Supreme Court.
Award to be signed and filed - In cases where one party has a right to appoint a sole arbitrator, its choice will always have an element of exclusivity in determining or charting course for dispute r....
Award to be signed and filed - In cases where one party has a right to appoint a sole arbitrator, its choice will always have an element of exclusivity in determining or charting course for dispute r....
Unilateral appointment of an arbitrator by a party with an interest in disputes is invalid and conflicts with the impartiality requirement in arbitration law.
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 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 ruled that unilateral appointment of an arbitrator is invalid under the Arbitration Act, as it circumvents the procedure agreed upon in the arbitration agreement.
The unilateral appointment of a Sole Arbitrator by a party in conflict with statutory provisions and judicial judgments is impermissible. The waiver of the right to object and the criteria for impart....
The unilateral appointment of an arbitrator without engaging the other party and the applicability of statutory provisions and legal precedents in determining the legitimacy of the appointment.
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....
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