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DELHI HIGH COURT
SURESH KUMAR KAIT
Era Infra Engineering Ltd. – Appellant
Versus
Delhi State Industrial and Infrastructure Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner engaged in arbitration (Para 1 , 2) |
| 2. opposition to arbitrator's appointment (Para 3 , 5) |
| 3. court's interpretation of arbitrator selection (Para 4 , 6 , 7) |
| 4. appointment of sole arbitrator and order (Para 8 , 9 , 10 , 11) |
1. The above captioned petitions have been filed under the provisions of Section 14 and 15 of the Arbitration and Conciliation Act, 1996 seeking appointment of a substituted Arbitrator.
2. Petitioner claims to be engaged in the business of infrastructure development and construction, who had submitted its offer to a tender published by respondent-DSIIDC for construction of 1272 Dwelling unit with external Development & Electrification of project, which was issued by the petitioner vide letter of Acceptance dated 23.01.2008. Pursuant thereto, a Contract was executed between the parties on 28.02.2008. Thereafter certain disputes arose between the parties and respondent invoked arbitration vide letter dated 09.06. 2017. Further, respondent vide its letter dated 11.07.2017 appointed the Sole Arbitrator to adjudicate the disputes, who entered into reference vide letter dated 14.07.2017 and fixed the preliminary date of h
A party cannot appoint an arbitrator who has an interest in the dispute's outcome, ensuring impartiality in arbitration proceedings.
The party with the right to appoint a sole arbitrator should not have the power to appoint a sole arbitrator when they have an interest in the outcome of the dispute.
A party cannot unilaterally appoint an arbitrator when disputes arise, as this infringes on unbiased adjudication rights, affirming established legal principles.
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
Arbitration - Appointment of Arbitrator - In cases where one party has a right to appoint a sole arbitrator, its choice will always has an element of exclusivity in determining or charting course for....
The court has the authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on the appointment.
Unilateral appointment of an arbitrator violates impartiality; appointment must comply with arbitration agreements and allow equal rights for both parties.
Arbitrator - Appointment procedure - In cases where one party has a right to appoint a sole arbitrator, its choice will always have an element of exclusivity in determining or charting course for dis....
The unilateral appointment of an arbitrator violates the principle of unbiased adjudication, requiring mutual agreement between parties for such appointments.
An arbitrator cannot be unilaterally appointed in violation of Section 12(5) of the Arbitration and Conciliation Act, 1996; such an appointment is unsustainable.
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