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DELHI HIGH COURT
VIBHU BAKHRU
Delhi Buildtech Pvt. Ltd. – Appellant
Versus
Satya Developers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition for terminating arbitral mandate. (Para 2 , 7) |
| 2. dispute background and arbitration initiation. (Para 3 , 5 , 6) |
| 3. arguments regarding arbitrator's eligibility. (Para 8 , 9) |
| 4. discussion on waiver of objection to arbitrator. (Para 10 , 14) |
| 5. ineligibility of appointed arbitrator. (Para 12 , 13) |
| 6. supreme court clarification on arbitration ineligibility. (Para 18 , 22) |
| 7. (Para 23 , 24 , 25) |
JUDGMENT
Vibhu Bakhru, J. (Oral)--The matter is taken up today as 18.10.2021 was declared a holiday.
2. The petitioner has filed the present petition under Sections 14 & 15 of the Arbitration and Conciliation Act, 1996 (hereafter the `A&C Act') praying that the mandate of the Arbitral Tribunal be terminated and an independent and impartial arbitrator be appointed in substitution of the learned Arbitrator.
3. The respondent had issued a Work Order dated 30.11.2012 in respect of Civil, Structural & Finishing Works for Tower Tl, T2, T7, Club, STP & other Non Tower Areas and other works in favour of the petitioner. Thereafter, on 04.02.2014, the respondent issued another Work Order for the balance Civil, Structural & Finishing Works for Tower T8, T6, T5, T4 and T3 & corr
The court established that an arbitrator appointed by an ineligible individual cannot act, and waivers of objections regarding ineligibility must be expressed in writing, not inferred by conduct.
Point of Law : Proviso to Section 12(5) of the A&C Act, there is no scope for entertaining the submission that the petitioner had, by his conduct, impliedly waived its right under Section 12(5) of th....
Point of Law : Proviso to Section 12(5) of the A&C Act, there is no scope for entertaining the submission that the petitioner had, by his conduct, impliedly waived its right under Section 12(5) of th....
An ineligible arbitrator appointed unilaterally violates Section 12(5) of the Arbitration and Conciliation Act, rendering the arbitral award invalid.
Point of Law : It is not open for the petitioner to challenge the learned Arbitrator on the ground that there are justifiable doubts as to his independence and impartiality in terms of the Guidelines....
Unilateral appointment of an Arbitrator by a party is impermissible, and the ineligibility of the Arbitrator under Section 12(5) of the A&C Act is a valid ground for challenging the appointment.
The appointment of an arbitrator must comply with Section 12(5) of the Arbitration & Conciliation Act, ensuring independence and impartiality, regardless of when the arbitration proceedings were init....
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
Unilateral appointment of an Arbitrator without consent violates procedural fairness under the Arbitration and Conciliation Act, leading to the termination of the mandate.
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
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