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INDRAJIT MAHANTY
Kirloskar Technologies Pvt. Ltd – Appellant
Versus
Rajasthan Medical Services Corporation Limited – Respondent
ORDER
1. Heard learned counsel for the respective parties.
2. The present arbitration application has come to be filed under Section 11 (6) (a) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act of 1996') seeking appointment of an independent Arbitrator.
3. It appears that certain disputes have arisen between the parties, arising out of an agreement pursuant to the tender process initiated by the respondent company for repair and maintenance of bio-medical equipment of Rajasthan dated 26.11.2015. An agreement has entered between the parties allotting the work of repair and maintenance of bio-medical equipment in Rajasthan for a period of 18 months from September, 2016 to February, 2018. Disputes having been arisen between the parties, the applicant sought for appointment of an arbitrator.
4. In the agreement, the disputes settlement clause is recorded in Clause 7 which is being extracted as under:-
All disputes arising out of this agreement and all questions relating to the interpretation of this agreement shall be decided by the Managing Director, RMSC and the decision of the M.D. RMSC shall be final as per bid terms and condi
A party with an interest in a dispute is ineligible to appoint an arbitrator, ensuring impartiality in arbitration proceedings.
The court established that under the amended Arbitration and Conciliation Act, 1996, an arbitrator must be independent and impartial, and parties cannot appoint an arbitrator if the appointing author....
The arbitration clause was deemed unenforceable due to disqualification under the amended Arbitration and Conciliation Act, 1996.
The right to appoint an arbitrator is not forfeited by serving notice for appointment; jurisdictional interventions can temporarily affect appointment rights, and the court's role is to ensure compli....
The main legal point established in the judgment is that due to the amendment in the Arbitration and Conciliation Act, 1996, it is no longer permissible for a party or its official to act as an Arbit....
An application for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 is maintainable despite previous delays, as no arbitral proceedings were initiated un....
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