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DELHI HIGH COURT
SURESH KUMAR KAIT
Amit Arora – Appellant
Versus
DLF Home Developers Ltd. – Respondent
| Table of Content |
|---|
| 1. petition seeks appointment of arbitrator. (Para 5) |
| 2. parties' proposals for arbitrator appointment. (Para 8 , 9 , 10 , 11) |
| 3. court's appointment of justice manmohan singh. (Para 12 , 13 , 14) |
| 4. disposal of petition with directions. (Para 15) |
The hearing has been conducted through video conferencing.
I.A. 10532/2021(exemption)
1. Allowed subject to all just exceptions.
2. Application is disposed of.
I.A. 10533/2021(exemption)
3. Exemption is allowed with direction to file requisite affidavits within four weeks of this Court resuming normal functioning.
4. Application is disposed of.
O.M.P. (T) (COMM.) 81/2021
5. The present petition has been preferred by the petitioner under the provisions of Section 14 r/w Section 15(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator under substitution.
6. Notice issued.
7. Ms. Deveshi Mishra, Advocate, accepts notice on behalf of respondent.
8. Learned counsel for petitioner submits that in respect of Unit No. CGW-242, Phase-III, DLF Capital Greens and in terms of Clause-55 of Apartment Buyer's Agreement No. 149 dated 01.04.2011, to adjudicate the disputes and dif
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....
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.
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....
The court has the authority to appoint a substitute arbitrator if the original arbitrator passes away, allowing for the continuation of arbitration proceedings.
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....
The court has the authority to appoint a substituted Arbitrator when the initially appointed Arbitrator conveys inability to act due to a conflict of interest.
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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