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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, ANISH DAYAL
Hala Kamel Zabal – Appellant
Versus
Arya Trading Ltd. – Respondent
| Table of Content |
|---|
| 1. legal background of arbitration dispute. (Para 1 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding the appointment authority. (Para 2 , 12 , 13) |
| 3. legal framework governing the appointment of arbitrators. (Para 15 , 16 , 17 , 18) |
| 4. understanding waiver in arbitration objections. (Para 20 , 21 , 22 , 23) |
| 5. assessment of the arbitration clause and objections. (Para 24 , 25 , 27 , 29) |
| 6. implications of irregularities in the appointment process. (Para 30 , 31 , 32 , 33) |
| 7. procedural nature of section 11(6) appointment objections. (Para 36 , 39 , 41) |
| 8. finality of arbitral awards and legislative intent. (Para 48 , 50 , 51) |
| 9. conclusion affirming the lower court's decision. (Para 53 , 54 , 55) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. Through the present Appeal, the Appellant (Petitioner before the learned Single Judge) assails the correctness of the Judgment dated 14.08.2024 [hereinafter referred to as ‘Impugned Order’] whereby the learned Single Judge has adjudicated the issue as to whether, in an International Commercial Arbitration [hereinafter referred to as ‘ICA’] the appointment of an arbitrator by this Court vitiates the resultant Arbitral Award dated 14.02.2012 [herein
Procedural objections regarding the appointment of arbitrators in ICA do not invalidate an arbitral award unless linked to non-derogable provisions or demonstrated prejudice.
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
Court clarified that initial appointment of an Arbitrator must derive authority from the Arbitration Act, rejecting jurisdiction under Section 8 and confirming that participation does not waive juris....
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....
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
The interpretation of Section 15(2) of the Arbitration and Conciliation Act, 1996 is that where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the ru....
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