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SUNITA AGARWAL
C2R Projects LLP – Appellant
Versus
Kinetix Solutions Private Limited – Respondent
ORDER :
1. The instant petition has been filed with the prayer to appoint a co-arbitrator on behalf of the respondent in respect of the arbitration proceedings between the petitioner and the respondent.
2. Brief facts relevant to decide the controversy at hands are that the petitioner and Respondent No. 1-Company are privity to a share purchase and Share Subscription Agreement (SPA) and Share Holders Agreement (SHA) dated 03.06.2015. Clause 11.10 of the Share Purchase Agreement pari materia to Clause 18.12 of the Share Holders Agreement governs dispute resolution and reads as under:
(a) If any dispute arises between the Investors on the one hand any or all of the Company, Promoter Group on the other hand during the subsistence of the Transaction Documents or thereafter, in connection with or arising out of the validity, interpretation, implementation or alleged breach of any provision of the Transaction Documents or regarding a question, including the question as to whether the termination of any of the Transaction Documents by any Party has been legitimate, the disputing Parties shall endeavour to settle such dispute amicably, and the same s
The expiration of an arbitrator's mandate due to statutory limits precludes the appointment of a substitute arbitrator under Section 15(2) of the Arbitration Act, 1996.
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....
The main legal point established in the judgment is that the application under section 11(6) of the Act, 1996 is not maintainable when the sole Arbitrator is appointed by mutual consent and in the ab....
The appointment of a substitute arbitrator under section 15(2) of the Arbitration and Conciliation Act, 1996, should be governed by the same rules that were applicable to the appointment of the arbit....
The main legal point established in the judgment is that the petitioner's recourse for appointment of a substitute arbitrator lies through Section 15 of The Arbitration and Conciliation Act, 1996, on....
Strict enforcement of arbitration agreement and the law does not permit either party to act as an arbitrator or appoint the arbitrator to arbitrate on the disputes.
Technical dismissals/withdrawals do not bar Section 15 application for substitute sole arbitrator post prior death; mandate terminates under Act only for specified reasons, courts must facilitate res....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
A partner lacks authority to represent a firm in arbitration without the express consent of other partners, and appointment of a substitute arbitrator requires adherence to agreed procedures under th....
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