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IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH
KNR Tirumala Infra Pvt. Ltd. – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. jurisdiction for appointing arbitrator under sarod (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioner's arguments on non-membership of sarod (Para 9 , 10) |
| 3. respondent's arguments on arbitration procedure (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court’s initial consideration and scope under section 11 (Para 19 , 20 , 21 , 22 , 23) |
| 5. interpretation of sarod rules and changes affecting arbitration (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. court's analysis of sarod's independence and panel diversity (Para 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 7. the necessity of adhering to established institutional arbitration rules (Para 38 , 39 , 40 , 41 , 42) |
| 8. dismissal of the petition with directions for sarod arbitration (Para 43 , 44 , 45) |
JUDGMENT :
JASMEET SINGH, J.
1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“the Act”), seeking directions for the appointment of the petitioner’s nominee Arbitrator, Mr. Subhas I. Patel, outside the panel of Arbitrators maintained by the Society for Affordable Redressal of Disputes (“SAROD”).
FACTUAL BACKGROUND
2. The respondent, National Highways Authority of India (“NHAI”), invited
Parties to an arbitration agreement must comply with institutional rules regarding the selection of arbitrators, necessitating appointments from the designated panel to maintain procedural integrity.
Parties to arbitration agreements must nominate arbitrators from a broad-based panel, ensuring independence and neutrality, while upholding party autonomy as per the SAROD Rules.
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....
An arbitration award cannot be invalidated for unilateral appointment of arbitrators if the parties had the opportunity to nominate their respective arbitrators through an independent institute, main....
The appointment procedure prescribed in clause 3.37 of the RFP was found to be restrictive and not broad-based, impinging upon the validity of the appointment procedure. The 'counter balancing' as co....
Under Section 11(6) of the Act seeking appointment of sole Arbitrator are not maintainable and are hereby dismissed, while directing the parties to nominate one Arbitrator each from the panel of SARO....
Parties must adhere to arbitration agreements, and judicial intervention is permitted only if arbitration procedures are exhausted; allegations of bias against SAROD were not substantiated.
An arbitration clause mandating appointment from a biased source is invalid; courts can appoint an independent arbitrator to ensure impartiality.
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