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DELHI HIGH COURT
SURESH KUMAR KAIT
Envirad Projects Pvt. Ltd. – Appellant
Versus
NTPC Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the parties and contract. (Para 2 , 3 , 4 , 5 , 6) |
| 2. contentions regarding arbitration appointment. (Para 7) |
| 3. legal principles governing arbitrator appointment. (Para 8 , 9) |
| 4. appointment of arbitrator and conclusion. (Para 10 , 13) |
| 5. fee structure for the adjudicator. (Para 11 , 12) |
1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes inter-se the parties.
2. As per the averments made in the present petition, petitioner is a company registered under the Companies Act, 1956 and is engaged in the business of undertaking civil construction projects. Respondent is also a company registered under the Companies Act, 1956 and is working as a Central Public Sector Undertaking to implement power projects in the country.
3. It is further averred that the respondent-company invited the bid/tender for the subject package, namely, "3rd Raising of Dyke of Ash Pond `A' & `B' at NTPC-Tanda Project" on 05.08.2014 and after final bid, the aforesaid work was awarded to the petitioner vide its Letter of Award in form of Pu
Unilateral appointment of an Arbitrator by one party is void under the Arbitration and Conciliation Act, reinforcing the need for impartial adjudication by the court.
: Unilateral appointment of an arbitrator defeats unbiased adjudication; when an arbitration clause does not provide for a panel of arbitrators, the task of appointing an arbitrator devolves on the C....
The unilateral appointment of an arbitrator violates the principle of unbiased adjudication, requiring mutual agreement between parties for such appointments.
The court's decision emphasized the arbitrability of disputes and the appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996.
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
Unilateral appointment of an arbitrator is impermissible; parties must appoint an arbitrator jointly or seek court appointment to ensure unbiased dispute resolution.
Point of Law : Whatever advantage a party may derive by nominating an arbitrator of its choice would get counter balanced by equal power with the other party. But, in a case where only one party has ....
A party cannot unilaterally appoint an Arbitrator as it undermines unbiased dispute resolution; a collective agreement for a sole Arbitrator is essential.
The court sanctioned the appointment of an Arbitrator despite procedural violations, highlighting the importance of adherence to statutory provisions while respecting the parties' agreements.
Whatever advantage a party may derive by nominating an arbitrator of its choice would get counter balanced by equal power with the other party. But, in a case where only one party has a right to appo....
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