Back
SUNITA AGARWAL
Jre Infra Private Limited – Appellant
Versus
Deendayal Port Authority – Respondent
JUDGMENT :
(Sunita Agarwal, CJ.)
1. This petition raises an interesting question relating to applicability of Section 12 and 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act, 1996’ for short) to assert that nomination made by the respondent No. 1 – original claimant is contrary to the provisions of Section 12 (5) of the Act, 1996. The person sought to be appointed as an Arbitrator by respondent No. 1 has a previous involvement in the very same case and the appointment, as such, is hit by the Section 12 (5) read with item No. 16 of the Seventh (‘VII’) Schedule.
2. Though in the petition, various averments have been made of the appointment being contrary to the provisions of Section 11 (6) of the Act, 1996, but all the stated points have not been pressed during the course of arguments. This Court, is called upon to answer the only questions whether the Arbitrator appointed by respondent No. 1 is incapacitated or ineligible to act as an Arbitrator ? Whether disqualification in Seventh (‘VII’) Schedule, pressed into service by the petitioner would be attracted in the facts of the instant case ?
3. It may be noted that owing to some disputes and differ
Previous judicial involvement does not disqualify an arbitrator under the Arbitration and Conciliation Act, as long as independence and impartiality are maintained.
Point of law: Arbitration -in the absence of an express agreement between the petitioner and the respondent subsequent to arising of disputes whereby the parties expressly agreed to waive the applica....
Arbitral Tribunal consisting of officers of State have become ineligible to become Arbitrators and to continue as Arbitrators.
An award rendered by an ineligible arbitrator is void ab-initio, and the appointment of an arbitrator by an ineligible person goes to the root of the arbitrator's jurisdiction.
The ineligibility of an Arbitrator under Section 12(5) of the Act goes to the root of the jurisdiction and a disqualified Arbitrator cannot nominate another Arbitrator. The definition of 'Court' unde....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
