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DELHI HIGH COURT
SURESH KUMAR KAIT
Technocrats Advisory Services Private Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. arguments regarding appointment of arbitrator. (Para 1 , 9 , 10 , 11) |
| 2. factual background of consultancy agreement and disputes. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 3. appointment of sole arbitrator. (Para 12 , 13 , 14) |
| 4. disposition of the petitions. (Para 16) |
1. Present petition has been preferred under the provisions of Section 11 (6) of Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator.
2. Petitioner-company stated to be incorporated under the provisions of Companies Act, is engaged in the business of consultancy in the area of road, highways, expressways, bridges, flyovers, tunnels, railway infrastructure, tramways, metro and rapid rail system, canals, dams, irrigation systems and projects, drinking water, water storage reservoirs, water supply, sewerage & sanitations power generation including solar energy, transmission of powers, hotels, buildings including public buildings etc. Respondent-Ministry of Road Transport, Highways and Shipping of the Union of India is entrusted with the task of Central Ministries/Department, State Governments/UT Administrations, organisations and individuals, policies for Road Transpo
The main legal point established in the judgment is the court's authority to appoint a sole arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996 when the respondent fails to ....
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....
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....
Point of Law : Whatever advantage a party may derive by nominating an arbitrator of its choice would get counter balanced by equal power with the other party. But, in a case where only one party has ....
The court highlighted the validity of arbitration agreements and the necessity of appointing an arbitrator to resolve disputes when one party fails to fulfill financial obligations under a contract.
An arbitration clause limiting arbitrator appointment to a specific body is void if it interferes with a party's right to seek court intervention when the authority fails to act.
Arbitration - Appointment of Arbitrator - In cases where one party has a right to appoint a sole arbitrator, its choice will always has an element of exclusivity in determining or charting course for....
The court emphasized the importance of adopting a simple, unambiguous, and uncomplicated procedure for dispute resolution through arbitration in respect of inter-related contracts with different part....
Whatever advantage a party may derive by nominating an arbitrator of its choice would get counter balanced by equal power with the other party. But, in a case where only one party has a right to appo....
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