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DELHI HIGH COURT
C.HARI SHANKAR
Larsen and Toubro Limited – Appellant
Versus
HLL Lifecare Limited – Respondent
| Table of Content |
|---|
| 1. arbitration clause in contract agreement. (Para 1) |
| 2. petitioner requests for nominee arbitrator. (Para 2 , 3) |
| 3. petitioner claims appointment violates law. (Para 4) |
| 4. respondent invokes legal provision to oppose petition. (Para 5) |
| 5. court analyzes the applicability of section 12(5). (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 6. court orders new arbitrator and terminates previous mandate. (Para 14 , 15 , 16 , 17 , 18 , 19) |
O.M.P. (T) (COMM.) 59/2021
1. The arbitral proceedings, forming subject matter of the present petition, emanate out of a contract agreement dated 25th February, 2010, between the petitioner and the respondent. Clause 21 of the General Conditions of Contract (GCC), forming part of the said agreement, provided for arbitration as the mode of resolution of disputes and read thus:
"21. Arbitration Settlement of Disputes & arbitration
Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whats
The necessity for an express written waiver to validate an arbitrator's appointment under Section 12(5) of the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the requirement of an express agreement in writing to waive the applicability of Section 12(5) of the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the ab initio void nature of the arbitrator's appointment, as it was contrary to Section 12(5) of the 1996 Act. The court's decision was based on t....
An arbitrator's appointment violating Section 12(5) of the Arbitration Act without an express written waiver is invalid, rendering any adjudicated award void.
A unilateral appointment of an arbitrator from an ineligible party is void ab initio without an express written waiver of Section 12(5) of the Arbitration and Conciliation Act, which cannot be implie....
Parties consenting to arbitration and participating without objection cannot later challenge the arbitral award based on alleged unilateral appointment of the arbitrator.
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