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DELHI HIGH COURT
C.HARI SHANKAR
H.S. Oberoi Buildtech Pvt. Ltd. – Appellant
Versus
Mahamaya Infrastructure Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition for arbitration under section 11. (Para 1) |
| 2. objection regarding appointment of arbitrator. (Para 2 , 3) |
| 3. court's independence in arbitrator appointment. (Para 4 , 5 , 6) |
| 4. appointment of mr. gautam narayan as arbitrator. (Para 7 , 8 , 9) |
(Video-Conferencing)
1. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act") for reference of the disputes between the parties to arbitration.
2. The only objection, raised by Mr. Kapoor, learned Counsel for the respondent, is tethered on Clause 52.2.2 of the General and Special Conditions of Contract ("GSCC", in short). Clauses 52.2.1 and 52.2.2 of the GSCC may, for this purpose, be reproduced thus;
"52.2 Arbitration
52.2.1 Any dispute arising out of a Notified Claim of the Contractor include[sic] in the Final Bill of the Contractor in accordance with the provisions of Clause 52.1.2 hereof, and any dispute arising out of any Claim(s) of the Owner against the Contractor shall be referred to the arbitration of a Sole Arbitrator selected in accordance with the provisions of Clause 52.2.2 hereof. It is specifically agreed that the Owner may prefer its Claim(s)
The Court has the independent authority to appoint an arbitrator under Section 11 of the Arbitration Act regardless of the parties' proposed panel of arbitrators.
The power of the court to appoint an arbitrator under Section 11(6) of the Arbitration Act cannot be restricted by any panel of arbitrators suggested by one party or the other.
A sole arbitrator can be appointed by a party if the opposing party defaults on arbitrator appointment, per arbitration clause and judicial precedent.
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
The court has jurisdiction to appoint an arbitrator when parties cannot agree, reaffirming the necessity to comply with provisions of the Arbitration and Conciliation Act, 1996.
Failure to give notice invoking the arbitration Clause renders the application under Section 11 premature.
The main legal point established in the judgment is the ineligibility of the appointed arbitrator under Section 12(5) read with Schedule VII of the Arbitration Act and the requirement for a panel of ....
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