Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SUDESH BANSAL
Rakesh Enterprises, Jaipur, through Its Authorised Partner Sh. Rishabh Jain – Appellant
Versus
Union Of India – Respondent
Order :
SUDESH BANSAL, J.
1. Instant civil arbitration application has been filed by applicant under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short "the A&C Act, 1996"), seeking appointment of a sole Arbitrator to resolve the dispute arisen between the parties under the Contract No.15/EE (E)/JCED/2020-21 for "SITC of 13 passengers (884 kg) capsulated lift at Academic Block, NIA, Jaipur".
2. Reply to the arbitration application in form of counter affidavit, by and on behalf of respondent, has been filed.
3. Heard learned counsel for both the parties and perused the documents available on record.
4. Petitioner has come up with a case that the contract in respect of SITC for 13 Passengers (884 Kg) Capsulated Lift at Academic block, NIA Jaipur vide order dated 01.01.2021, was awarded in favour of applicant and pursuant thereof, the applicant undertook preparation to complete the contract but on account of not specifying the site by respondent, the work could not be initiated. Later on, the respondent vide letter dated 31.07.2021 (Ann.4) was issued a letter for foreclosure of the contract which has caused loss of profit/earnings to the applicant as also applicant suf
The court affirmed that failure to adhere to the dispute resolution procedure allows a party to invoke arbitration directly, emphasizing the importance of timely actions in contractual disputes.
An arbitration agreement remains valid and enforceable despite procedural limitations on arbitrator appointment, ensuring disputes are addressed effectively.
The jurisdiction of an arbitrator is limited to the claims referred to him by the appointing authority; claims not raised before the Dispute Resolution Committee are not arbitrable.
An arbitration clause providing for the appointment of a sole arbitrator by a person who is likely to be biased in favor of a party is violative of Section 12(5) of the Arbitration and Conciliation A....
The main legal point established is that once an application is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, the right of the opposite party to appoint the arbitrator cease....
Arbitration - Appointment of Arbitrator - Court is not required to examine any other contentious issues regarding the disputes between the parties at the stage of referring the parties to arbitration....
The pre-arbitration procedures under the arbitration clause are not always mandatory, and the court may refer disputes to arbitration if the requisites of arbitrability and notice under the Arbitrati....
The main legal point established in the judgment is that the unilateral appointment of an Arbitrator by a party with an interest in the matter is impermissible, as it could compromise the impartialit....
The main legal point established in the judgment is the importance of ensuring the independence and impartiality of arbitrators in the appointment process, as emphasized in relevant decisions of the ....
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
