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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Thapar Builders Private Limited - Appellant
Versus
Thomas and Company Pvt. Ltd. - Respondent
O.M.P. (T) (COMM.) 72 of 2021
Decided On : 31-08-2021
| Table of Content |
|---|
| 1. appointment of arbitrator following recusal. (Para 1 , 2 , 3) |
| 2. submission for a substituted arbitrator. (Para 4 , 5) |
| 3. details of the new arbitrator's appointment. (Para 6 , 7 , 8) |
| 4. disposal of the petition. (Para 9 , 10) |
1. The present petition has been filed by the petitioner under Section 15(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator under substitution.
2. Learned counsel for petitioner submits that vide order and judgment dated 17.02.2021, this Court appointed Justice (Retd.) G.S. Sistani sole Arbitrator to adjudicate the dispute that had arisen between the parties.
3. Thereafter, vide email dated 25.03.2021 the sole Arbitrator informed the counsel for the petitioner and respondent about his inability to act as an Arbitrator, as his son had previously appeared for one of the parties.
4. Learned counsel for petitioner submits that a substituted Arbitrator may be appointed in terms of Order and Judgment dated 17.02.2021, as Justice (Retd.) G.S. Sistani has recused and conveyed his inability to act as an Arbitrator.
5. The aforesaid submission is affirmed by learned counsel for respondent who submits that there is no objection to appointment of substituted Arbitrator.
6. Accordingly, Justice (Retd.) Mool Chand Garg (Mobile: 9899337979) is appointed sole Arbitrator to adjudicate the disputes between the parties.
7. The arbitration shall be conducted under the Delhi International Arbitration Centre (DIAC). The fee of the Arbitrator shall be in accordance with the schedule of fees prescribed under the Delhi International Arbitration Centre (DIAC) (Internal Management) Rules and Delhi International Arbitration Centre (Administrative Cost and Arbitrators' Fees) Rules, 2018.
8. The learned Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration. Needless to say, all issues are left open for adjudication and consideration by the learned Arbitrator.
9. A copy of this order be sent to the learned Arbitrator for information.
10. The petition is accordingly disposed of.
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.
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....
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.
An arbitrator cannot be unilaterally appointed in violation of Section 12(5) of the Arbitration and Conciliation Act, 1996; such an appointment is unsustainable.
The court has the authority to appoint a substituted arbitrator at the joint request of counsel representing both sides, and the appointed arbitrator must ensure compliance with Section 12 of the arb....
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....
A party cannot appoint an arbitrator who has an interest in the dispute's outcome, ensuring impartiality in arbitration proceedings.
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