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DELHI HIGH COURT
CHANDRA DHARI SINGH
Chopras Itech Private Limited – Appellant
Versus
Mukesh Beri – Respondent
| Table of Content |
|---|
| 1. filing for appointment of substitute arbitrator. (Para 1 , 2 , 3) |
| 2. procedural history and agreement for termination of arbitrator's mandate. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's agreement to appoint substitute arbitrator. (Para 9 , 10) |
| 4. final order to appoint arbitrator and resolve disputes. (Para 11) |
JUDGMENT
Chandra Dhari Singh, J. (Oral)
I.A. No. 20561/2022 (for Exemption)
Subject to the plaintiff filing the clear, original and legible/typed copies of any dim documents on which the plaintiff may seek to place reliance, within four weeks from today, exemption is granted for the present.
The application is disposed of.
O.M.P.(T) 11/2022
1. The instant petition has been filed under under Section 15(2) read with Section 11(6) of the Arbitration & Conciliation Act, 1996 seeking the appointment of a substitute Arbitrator.
2. Learned counsel for the petitioner submitted that an Employment Agreement was signed and executed between the Petitioner and the Respondent on 21.10.2019. Disputes arose between the Petitioner and the Respondent with respect to the terms and conditions mentioned in the Employment Agreement. The parties failed to resolve the disputes by amicab
A substitute arbitrator must be appointed according to statutory provisions when the mandate of the previous arbitrator is terminated by mutual consent.
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 court allows appointment of a substituted Arbitrator without restarting proceedings, ensuring continuity after the original Arbitrator's demise.
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.
Point of law : Arbitration Agreement – Death of Arbitrator – On death of arbitrator another arbitration appointed.
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.
The court emphasized that the timeframe for appointing an arbitrator, as set in the agreement, is mandatory, and any deviation undermines the arbitration agreement's validity.
Strict enforcement of arbitration agreement and the law does not permit either party to act as an arbitrator or appoint the arbitrator to arbitrate on the disputes.
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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