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SENTHILKUMAR RAMAMOORTHY
Concrete Products & Construction Company Rep. by its Joint Managing Partner – Appellant
Versus
Southern Railways, Rep. by its Principal Chief Engineer/General Manager – Respondent
ORDER :
PRAYER: Arbitration Original Petition filed under Section 11(6) and 14(2) of the Arbitration and Conciliation Act, 1996, praying to (i) pass order and directions terminating the appointment of the Sole Arbitrator, 2nd respondent by the first respondent vide letter No.G.16/DGM/ARB/2012/39 (E.117350) dated 07.03.2022 under Section 14(2) of the Arbitration and Conciliation Act, 1996; (ii) Pass order and directions to appoint an Independent and Sole Arbitrator to adjudicate upon all disputes and differences between the petitioner and the first respondent arising out of Agreement bearing No.CE/2/CS of 2010 dated 20.02.2010.
This petition is presented as a composite petition under Section 11(6) and 14(2) of the Arbitration and Conciliation Act, 1996 (the Arbitration Act). Upon disputes arising between the parties under the Agreement dated 20.02.2010, an arbitral tribunal was constituted. The said tribunal pronounced an arbitral award dated 03.03.2014. Such award was challenged by filing O.P.No.185 of 2015. The said O.P. was allowed by order dated 06.12.2021. While allowing the petition, the Court left it open to the petitioner to institute de novo arbitral proceedings in accordance
The main legal point established in the judgment is the ineligibility of the appointed arbitrator under Section 12(5) read with Schedule VII of the Arbitration Act and the requirement for a panel of ....
Point of law: As per the legal position settled by the Supreme Court in catena of judgments, the High Court has the jurisdiction under Section 11(6) of the said Act to nullify the appointments made b....
Appointment of arbitrator by designation is permissible. Arbitration clauses in government contracts providing that an employee of the department will be the sole arbitrator are neither void nor unen....
The court emphasized the necessity for impartiality in arbitration, ruling that automatic appointments of arbitrators undermined the arbitration clause, rendering the award invalid.
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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