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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
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 [hereinafter referred to as ‘Arbitral Award’], if the appointment is in consonance with the arbitration agreement between the parties. Learned Single Judge has unequivocally held that such an appointment does not impair the validity of the Arbitral Award.
2. Herein, the Appellant contends that the appointment of the learned sole arbitrator, Hon’ble Justice Anil Dev Singh (Retd.), by this Court was contrary to law, as the arbitration constituted an ICA and, therefore, the power under Section 11 (6), 1 (6) of the Arbitration and Conciliation Act, 1996, 2A&C Act, could not have been exercised by this Court. It is asserted that such an appointment, being without authority, vitiated the arbitral proceedings and the Ar
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....
Parties consenting to arbitration and participating without objection cannot later challenge the arbitral award based on alleged unilateral appointment of the arbitrator.
A valid arbitration agreement exists even if appointment procedures are unenforceable; courts should minimize intervention and uphold party autonomy in arbitration processes.
Participation in arbitration without objection constitutes a waiver of the right to challenge the appointment of the arbitrator, as per Sections 4 and 12 of the Arbitration and Conciliation Act.
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