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KRISHNAN RAMASAMY
Project Director, Tamil Nadu Road Sector Project II, (For and behalf of the Governor of State of Tamil Nadu) Highways Department, Government of Tamil Nadu – Appellant
Versus
SPK & Co-KMC (JV), Ramanathapuram – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition filed under Sections 14 and 15 read with Schedule V of the Arbitration and Conciliation Act, 1996 to terminate the mandate of the Hon''ble Mr. Justice G.M.Akbar Ali and Hon''ble Ms. Justice K.B.K.Vasuki by setting aside the order passed in 2/2022 dated 03.02.2023 and to consequently appoint substitute Arbitrators to proceed further in the Arbitration and to fix the fees for the newly appointed Arbitrators.)
This Arbitration Original Petition has been filed under Sections 14 and 15 read with Schedule V of the Arbitration and Conciliation Act, 1996 (hereinafter called as “the Act”) to terminate the mandate of the Hon''ble Mr. Justice G.M.Akbar Ali and Hon''ble Ms. Justice K.B.K.Vasuki by setting aside the order passed in 2/2022 dated 03.02.2023.
2. Mr.Ramanlal, learned Additional Advocate General appearing for the petitioner would submit that this petition has been filed to terminate the Mandate of the learned Arbitrators as they have become de jure unable to perform their functions by virtue of the fact that they fall within the categories 26 and 34 of Schedule V of the Act. Further, he would submit that in the present case, there are two
The challenge for the appointment of Arbitrator under Section 13 of the Act can only be made along with the final award under Section 34.
The main legal point established in the judgment is that the grounds for termination of an arbitrator's mandate must satisfy the circumstances laid down under the Act and the precedents set by the Ho....
Arbitration - Time limit for arbitral award - A petition under Section 29A of Act cannot be permitted to be used by one of parties to seek substitution of an arbitrator merely on basis of its unsubst....
An arbitrator's mandate can be terminated when they fail to act without undue delay; new appointments must ensure impartiality as per updated legal standards.
The appointment of an arbitrator must comply with Section 12(5) of the Arbitration & Conciliation Act, ensuring independence and impartiality, regardless of when the arbitration proceedings were init....
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