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DELHI HIGH COURT
NEENA BANSAL KRISHNA
National Projects Construction Corporation Ltd. – Appellant
Versus
Konkan Railway Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. termination of arbitral tribunal's mandate (Para 1 , 2 , 3) |
| 2. disputes arising from project execution (Para 4 , 5 , 6 , 7) |
| 3. issues with co-arbitrators' eligibility (Para 8 , 9 , 10 , 11 , 12) |
| 4. challenges to tribunal composition (Para 13 , 14 , 15) |
| 5. petitioner's claim of non-functional tribunal (Para 20 , 21 , 22) |
| 6. procedure in case of inability to act (Para 25 , 26) |
| 7. distinction between mandate termination and arbitration proceedings (Para 29 , 30 , 31) |
| 8. fee structure and arbitrators' responsibilities (Para 37 , 38 , 39) |
| 9. impartiality and independence in arbitrator appointments (Para 46 , 48 , 49) |
| 10. appointment of sole arbitrator under specific conditions (Para 50 , 51 , 52 , 53) |
| 11. court's appointment of an independent arbitrator (Para 60 , 61 , 62 , 63) |
JUDGMENT
Neena Bansal Krishna, J. The petitioner has filed under Sections 14(1) and 15(2) of the Arbitration and Conciliation Act, 1996(hereinafter referred to as "A & C Act, 1996") seeking termination of the mandate of the Arbitral Tribunal and appointment of retired judge/s of the High Court as co-arbitrators and also as presiding arbitrator.
2. Facts in brief are that the petitioner-M/s. National Pro
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
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.
Disqualified arbitrators cannot appoint successors; unilateral requests do not waive statutory disqualifications under the Arbitration and Conciliation Act.
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....
The court affirmed that the claimant must secure the necessary Airport Entry Permits and upheld the arbitration award, ruling no breach by the respondent; consent regarding the arbitrator's appointme....
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.
The main legal point established is the requirement to substantiate grounds for termination of the Arbitral Tribunal's mandate under Section 14 of the Arbitration & Conciliation (Amended) Act, 2015, ....
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....
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