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DELHI HIGH COURT
SURESH KUMAR KAIT
United Telecoms Ltd. – Appellant
Versus
Bharat Broadband Network Ltd. – Respondent
| Table of Content |
|---|
| 1. introduction of arbitration and background (Para 1 , 2) |
| 2. petition for appointment of sole arbitrator (Para 3 , 6) |
| 3. acceptance of notice by respondent's counsel (Para 4 , 5) |
| 4. appointment of arbitrator and guidelines (Para 7 , 8 , 9) |
| 5. disposition of petition and application (Para 10 , 11) |
1. The present petition has been filed by the petitioner under Section 15(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator in substitution.
2. For adjudication of the disputes with respondent, this Court by order dated 25.04.2019 [in OMP. (I) (COMM) No. 125/2019] had appointed Mr. Justice (Retd.) Jagannadha Rao, the sole Arbitrator. According to petitioner, the learned Arbitrator had to adjudicate two cases APO-I and APO-II. The arbitral proceedings in respect of APO-II stood concluded and the arbitration award was rendered on 06.06.2021 and 07.07.2021 in respect thereof. However, arguments in APO-I though commenced but could not be completed owing to illness of the Counsel and restraints of covid pandemic.
3. Learned counsel for petitioner has submitted that an email dated 21.09.2021 has been received from the lear
The court verified the need for appointing a new Sole Arbitrator due to the incumbent's inability to continue, ensuring a fair arbitration process as per Section 15(2) of the Arbitration and Concilia....
The court has the authority to appoint a substituted arbitrator at the joint request of counsel representing both sides, and the appointed arbitrator must ensure compliance with Section 12 of the arb....
The court ruled that a substituted Arbitrator may be appointed under Section 15(2) of the Arbitration and Conciliation Act, emphasizing the need for the Arbitrator's impartiality and independence.
The court has the authority to appoint a substituted Arbitrator when the initially appointed Arbitrator conveys inability to act due to a conflict of interest.
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.
Court appointed a new Sole Arbitrator under the Arbitration and Conciliation Act due to the previous Arbitrator's demise, allowing all parties to raise issues before the new Arbitrator.
Section 11 of the Arbitration and Conciliation Act, 1996 does not provide for the substitution or termination of the mandate of an arbitrator, and cannot be invoked to substitute an arbitrator appoin....
The necessity to appoint a new Arbitrator is confirmed under Sections 14 and 15 of the Arbitration and Conciliation Act, recognizing the continuation of the arbitration process post-demise of the ori....
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....
Court has the discretion to appoint a new Arbitrator to continue unresolved arbitration proceedings, affirming continuity even after the previous Arbitrator's death.
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