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VINIT KUMAR MATHUR
Ranu Ketan – Appellant
Versus
General Manager – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - although the present application has been filed under Section 11 of the arbitration and Conciliation act, 1996 (hereinafter referred to as 'the act of 1996') but the prayer has been made in the application for appointment of a substitute arbitrator for resolving the dispute between the parties.
2. On a pointed query being raised to learned counsel for the applicant, he submits that the application has wrongly been preferred under Section 11 of the act of 1996, whereas it should have been made under Section 15 of the act of 1996. Therefore, treating this application to be preferred under Section 15 of the act of 1996, this application is being decided finally.
3. The facts in the present case are that on an application being preferred by the petitioner, this Court vide order dated 12/08/2014 appointed one Shri D.K.S Rai, Chief Engineer, C.a.D., Irrigation, Kota to act as a sole arbitrator for resolving the dispute. Since the arbitrator did not proceed with the matter, an application was preferred by the applicant under Section 15 of the act of 1996 for appointment of a substitute arbitrator.
4. This Court vide order dated 12/04/2019 appointed Shri M.P.
The main legal point established is the court's authority to appoint a substitute arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996, when the initially appointed arbitrator fa....
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....
Section 11 of the Arbitration and Conciliation Act, 1996 does not provide for the substitution or termination of the mandate of an arbitrator, and cannot be invoked to substitute an arbitrator appoin....
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 court has the authority to appoint a substituted arbitrator at the joint request of counsel representing both sides, and the appointed arbitrator must ensure compliance with Section 12 of the arb....
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.
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
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