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DELHI HIGH COURT
C.HARI SHANKAR
Centre for Development of Telematics – Appellant
Versus
Xalted Information Systems Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. need for substitute arbitrator due to original arbitrator's death. (Para 1 , 2) |
| 2. arbitral fees and requests for a qualified substitute arbitrator. (Para 3 , 4 , 5) |
| 3. appointment and terms of the new arbitrator. (Para 6 , 7 , 8 , 9) |
| 4. disposal of the petition and miscellaneous application. (Para 10 , 11) |
C. Hari Shankar, J.
O.M.P. (T) (COMM.) 103/2021 & I.A. 13223/2021
1. The disputes between the parties were being arbitrated by Hon'ble Mr. Justice Anil Kumar, a learned retired Judge of this Court, who, unfortunately, expired during the currency of the Covid 2019 pandemic.
2. As such, the present has been moved for appointment of a substitute arbitrator to complete the proceedings.
3. Arbitral fees were required, as per the order dated 30th March, 2016, in appointing Hon'ble Mr. Justice Anil Kumar as the Arbitrator, to be paid in accordance with the Fourth Schedule to the Arbitration and Conciliation Act, 1996 ("1996 Act"). Learned counsel for the parties submit that the arguments before Hon'ble Mr. Justice Anil Kumar had concluded and the award was reserved when, unfortunately, he expired. As such, they submit that the arbitration is nearing it
A substitute arbitrator can be appointed after the demise of the initial arbitrator, and the substitute may charge 40% of the fees based on the Fourth Schedule of the Arbitration and Conciliation Act....
The court has the authority to appoint a substitute arbitrator if the original arbitrator passes away, allowing for the continuation of arbitration proceedings.
In the event of the unfortunate demise of an appointed arbitrator, a substitute arbitrator may be appointed to continue the arbitral proceedings.
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.
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....
The court allows appointment of a substituted Arbitrator without restarting proceedings, ensuring continuity after the original Arbitrator's demise.
Section 12(5) of the Arbitration and Conciliation Act mandates the termination of an arbitrator's mandate if applicable, ensuring appointment of a qualified substitute arbitrator for fairness in proc....
Point of law : Arbitration Agreement – Death of Arbitrator – On death of arbitrator another arbitration appointed.
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