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DELHI HIGH COURT
YASHWANT VARMA
Osho G.S. and Company – Appellant
Versus
Wapcos Limited – Respondent
| Table of Content |
|---|
| 1. construction work contract and arbitration clause. (Para 2) |
| 2. court analysis on arbitration appointment procedures. (Para 3 , 8 , 10 , 12 , 13 , 16 , 17) |
| 3. petitioner's objections to arbitrator appointment. (Para 4 , 5) |
| 4. disqualification of arbitrators and nomination authority. (Para 6 , 7 , 14 , 15) |
| 5. conclusion and new arbitrator appointment. (Para 20 , 22 , 23 , 24) |
JUDGMENT
Yashwant Varma, J. (Oral)--This petition has been preferred seeking to invoke the jurisdiction of the Court as conferred by Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 [the Act] for termination of the mandate of the sole arbitrator appointed by the respondent and for consequential substitution.
2. For the purposes of disposal of the present petition, the following essential facts may be noticed. The petitioner is stated to have been awarded the work for construction of the Office-cum-Residential Complex for the Narcotics Control Bureau, Chandigarh, Punjab on 06 October 2016. On 24 October 2016, consequent to the aforesaid work being awarded to the petitioner, an agreement came to be drawn and executed between the parties. The agreement contemplated disputes that may
Disqualified arbitrators cannot appoint successors; unilateral requests do not waive statutory disqualifications under the Arbitration and Conciliation Act.
The court reinforced that impartiality and independence of arbitrators is essential, disqualifying those with vested interests under Section 12(5) of the Arbitration and Conciliation Act, 1996.
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....
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....
An employee of the respondent or even a retired employee would be ineligible to be appointed as an arbitrator. The panel of arbitrators should be broad-based and should include persons with diverse b....
The main legal point established in the judgment is the requirement for a truly broadbased panel of arbitrators and the achievement of genuine counterbalancing of power in the appointment procedure f....
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
The main legal point established in the judgment is the importance of impartiality and independence of arbitrators, as well as the need for a balanced approach to arbitration, as emphasized by the in....
Unilateral appointment of an arbitrator is impermissible in law, and an independent arbitrator is required to be appointed.
The appointment of an arbitrator must comply with the Arbitration and Conciliation Act, particularly Section 12(5), which disqualifies certain individuals from serving as arbitrators.
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