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DELHI HIGH COURT
ANUP JAIRAM BHAMBHANI
Ram Kripal Singh Construction Pvt. Ltd. – Appellant
Versus
NTPC – Respondent
| Table of Content |
|---|
| 1. appointment of arbitrator sought under a&c act (Para 1 , 2) |
| 2. petitioner's argument on the invalidity of clause 56 due to 2015 amendment (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. respondent's arguments against arbitration based on consent and time-bar (Para 9 , 10 , 11 , 12 , 13) |
| 4. respondent's reliance on precedential cases against arbitration (Para 14 , 15) |
| 5. court's analysis on validity and enforceability of arbitration agreements (Para 17) |
| 6. appointment of an arbitrator and procedural directives (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
JUDGMENT
Anup Jairam Bhambhani J.
Brief Facts
By way of the present petition under section 11 of the Arbitration & Conciliation Act 1996 (`A&C Act', for short), the petitioner seeks appointment of an arbitrator to adjudicate upon the disputes that are stated to have arisen with the respondent from Letter of Award dated 17.12.2010, which related to the setting-up of a township for the respondent's Super Thermal Power Project at Barh, Bihar; the issuance of the letter of award having culminated in the parties signing a Contract Agreement dated 01.02.2011 (`contract').
2. Notice on the petition was issued on 17.12.2020; whereupon the re
The appointment of an arbitrator must comply with Section 12(5) of the Arbitration & Conciliation Act, ensuring independence and impartiality, regardless of when the arbitration proceedings were init....
Appointment of arbitrator by designation is permissible. Arbitration clauses in government contracts providing that an employee of the department will be the sole arbitrator are neither void nor unen....
The main legal point established is the applicability of the Act as amended with effect from 23rd October 2015 and the disqualification of the appointed Arbitrator under Section 12(5) of the Act.
The court emphasized the necessity for impartiality in arbitration, ruling that automatic appointments of arbitrators undermined the arbitration clause, rendering the award invalid.
The main legal point established in the judgment is the importance of party autonomy in arbitration, the enforceability of the entire arbitration clause, and the conditional acceptance of arbitration....
2020 Rules which came into force from the date of their publication in the Official Gazette, i.e. 12.02.2020, cannot be given retrospective effect. The intention of Government of India to make the 20....
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
Arbitration clauses establishing party-designated arbitrators can become unworkable; disputes may still be arbitrable through court appointment of an arbitrator under statutory provisions.
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the law, and if found to be invalid, the court has the jurisdiction to set it asid....
An arbitration agreement remains valid and enforceable despite procedural limitations on arbitrator appointment, ensuring disputes are addressed effectively.
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