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IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI SINGH
Villupuram Highways Construction Pvt Ltd – Appellant
Versus
National Highway Authority Of India – Respondent
| Table of Content |
|---|
| 1. petitioners filed for arbitrator appointment. (Para 1 , 2) |
| 2. dispute background regarding concession agreements. (Para 3 , 4 , 5) |
| 3. claims and communications regarding project execution issues. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. petitioners argue against sarod panel restrictions. (Para 13 , 14 , 15) |
| 5. nhai defends sarod rules as valid arbitration framework. (Para 16 , 17 , 18 , 19) |
| 6. court examines sarod rules and arbitration appointment processes. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. discussion on independence and impartiality of arbitrators. (Para 29 , 30 , 31) |
| 8. court emphasizes importance of broad-based arbitration panels. (Para 32 , 33 , 34 , 35) |
| 9. petitions dismissed, arbitration panel to be chosen from sarod. (Para 36 , 37 , 38) |
JUDGEMENT :
JYOTI SINGH, J.
1. These petitions are filed by the Petitioners under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for appointment of Arbitrators to adjudicate the disputes between the parties. On account of similitude of questions of law involved in the three petitions, they were heard together with the consent of the parties and are being decided by this common judgment. ARB.
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.
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.
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 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....
The court emphasized the importance of a broad-based panel of arbitrators, providing parties with a wider choice for nominating their arbitrator.
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.
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....
The arbitration clause must ensure independence and impartiality, and any clause favoring one party unduly is non-compliant with the Arbitration and Conciliation Act.
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