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DELHI HIGH COURT
C.HARI SHANKAR
JMC Projects (India) Ltd. – Appellant
Versus
Indure Private Limited – Respondent
| Table of Content |
|---|
| 1. petition under arbitration act. (Para 1) |
| 2. dispute from work order and arbitration clause. (Para 3 , 4 , 5) |
| 3. judicial decisions regarding arbitrator's ineligibility. (Para 8 , 10) |
| 4. grounds for challenge of arbitrator. (Para 9) |
| 5. ineligibility of arbitrator due to relationships. (Para 11 , 12 , 14) |
| 6. invocation of arbitration clause and arbitration notices. (Para 16 , 17) |
| 7. challenges to appointed arbitrators. (Para 18 , 19) |
| 8. limits on arbitrator's appointment powers. (Para 28 , 29) |
| 9. statutory incapacity of arbitrator and termination of mandate. (Para 38 , 39 , 41) |
| 10. conclusion on appointment and continuation of arbitration. (Para 42 , 44 , 46 , 47) |
(Video-conferencing)
1. This petition has been preferred under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), seeking a declaration that the mandate of the learned Arbitrator, presently arbitrating on the dispute between the petitioner and the respondent, stands terminated under Section 14 (1) (a) of the 1996 Act, and to appoint a substitute arbitrator, in his place, to continue with the said arbitral proceedings and render award therein.
2.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
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