DELHI HIGH COURT
SURESH KUMAR KAIT
Ktech Engineer Builders Co. Private Limited – Appellant
Versus
Union of India – Respondent
1. The above captioned two petitions have been filed by the petitioner under Section 11 (5) & (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator for adjudication of disputes with respondent.
2. Since the parties to the present petition are similar, therefore, with the consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common judgment.
3. According to petitioner, for Completion of Balance Works for Construction of Dwelling Units including Allied Services for Officers and ORs at Commissiariate Road II Line and Salt Lake (Kolkata), tenders were invited by respondent and after completion of process, petitioner had entered into two Contracts, one bearing CA No. DGMAP/PH-II/PKG-19/l(A) (R&C)/02 of 2014-2015 i.e. the Salt Lake Construction Contract (henceforth referred to as the "first contract") and second, bearing CA No.: DG MAP/PH-II/PKG-19/1 (B)(R&C)/03 of 2014-2015 i.e. Dakshineshwar Construction Contract (henceforth referred to "second contract"). The first contract in question is the subject matter of first captioned petition (ARB.P. 54/2022) and the second con
A party cannot unilaterally appoint an Arbitrator as it undermines unbiased dispute resolution; a collective agreement for a sole Arbitrator is essential.
Arbitrator shall ensure compliance of Section 12 of Arbitration and Conciliation Act, 1996 before commencing the arbitration.
The court sanctioned the appointment of an Arbitrator despite procedural violations, highlighting the importance of adherence to statutory provisions while respecting the parties' agreements.
Appointment of a sole arbitrator must comply with the provisions of the Arbitration and Conciliation Act, 1996 and should not be in violation of relevant legal precedents.
Disputes concerning contract completion and payment arise, necessitating arbitration as per the Arbitration and Conciliation Act, 1996.
The court affirmed that when parties acknowledge disputes in a contractual agreement, an arbitrator must be appointed to resolve these disputes under the Arbitration and Conciliation Act, 1996.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
Unilateral appointment of an arbitrator is impermissible; parties must appoint an arbitrator jointly or seek court appointment to ensure unbiased dispute resolution.
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
The central legal point established in the judgment is the court's authority to appoint an arbitrator to resolve disputed claims between parties in accordance with Section 11(6) of the Arbitration an....
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