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ARUN DEV CHOUDHURY
Peyush Traders – Appellant
Versus
General Manager, Northeast Frontier Railway – Respondent
JUDGMENT :
1. Heard Mr. R. Choudhury, learned counsel for the petitioner and Mr. K Gogoi, learned CGC for the respondent.
2. This is a petition filed under section 11 of the Arbitration and Conciliation Act, 1996 by the petitioner seeking intervention of this Court in the matter of appointment of arbitral tribunal in adjudicating the disputes between the petitioner and the respondents arising out of a contract agreement for cleaning washing and transportation of linen sets to and from the premises of the Indian Railways in Guwahati.
3. The brief facts leading to the filing of this present petition can be summarized as below:
II. Certain disputes arose between the parties and accordingly a seven days notice in terms of clause 62 of the GCC was issued. Thereafter, alleging non compliance, a notice of 48 hours was issued to the petitioner by the railways on 05.08.2019.
III. Thereafter on 07.08.
The appointment of an arbitrator must comply with the Arbitration and Conciliation Act, particularly Section 12(5), which disqualifies certain individuals from serving as arbitrators.
The court affirmed that the claimant must secure the necessary Airport Entry Permits and upheld the arbitration award, ruling no breach by the respondent; consent regarding the arbitrator's appointme....
The main legal principle established in the judgment is the procedure for appointing arbitrators under the amended Act and the modified Clause 64 of the GCC, emphasizing the ineligibility of certain ....
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....
Disqualified arbitrators cannot appoint successors; unilateral requests do not waive statutory disqualifications under the Arbitration and Conciliation Act.
Arbitrator independence is crucial; unilateral appointments violate neutrality, invalidating any waiver of ineligibility not expressly agreed post-constitution of the tribunal.
The arbitration clause must ensure independence and impartiality, and any clause favoring one party unduly is non-compliant with the Arbitration and Conciliation Act.
The court reinforced that impartiality and independence of arbitrators is essential, disqualifying those with vested interests under Section 12(5) of the Arbitration and Conciliation Act, 1996.
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