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DELHI HIGH COURT
ANUP JAIRAM BHAMBHANI
Ram Kripal Singh Construction Pvt. Ltd. – Appellant
Versus
NTPC – Respondent
JUDGMENT
Anup Jairam Bhambhani J. By way of the present petition under section 14 of the Arbitration & Conciliation Act 1996 (`A&C Act', for short), the petitioner seeks termination of the mandate of the learned Sole Arbitrator appointed by the respondent vide communication dated 14.05.2020 in relation to 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'). For completeness, it is necessary to mention that prior to appointing the arbitrator whose termination has been sought by way of the present petition, the respondent had also appointed an arbitrator earlier, who had terminated the proceedings for the reasons as detailed below.
2. Notice on the termination petition was issued on 23.10.2020; whereupon the respondent filed a reply dated 11.12.2020; which was followed by the petitioner's rejoinder dated 26.03.2021.
3. In support of the plea for termination, Mr. Amit Pawan, learned counsel for the p
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....
An arbitrator's mandate can be terminated when they fail to act without undue delay; new appointments must ensure impartiality as per updated legal standards.
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
The court established that an arbitrator appointed by an ineligible individual cannot act, and waivers of objections regarding ineligibility must be expressed in writing, not inferred by conduct.
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
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....
Point of Law : It is not open for the petitioner to challenge the learned Arbitrator on the ground that there are justifiable doubts as to his independence and impartiality in terms of the Guidelines....
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....
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