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C. SARAVANAN
Globe Ground India Private Limited – Appellant
Versus
Airports Authority of India – Respondent
| Table of Content |
|---|
| 1. arbitration award and contesting claims. (Para 1 , 2 , 3 , 4) |
| 2. issues of responsibility in contractual obligations concerning permits. (Para 6) |
| 3. claims regarding disqualification of arbitrator. (Para 10 , 11 , 12 , 13 , 14) |
| 4. legal implications of unilateral appointment. (Para 17 , 18 , 19) |
| 5. contractual obligations and impossibility of performance. (Para 23 , 26 , 27) |
| 6. misrepresentation and its legal consequences. (Para 30 , 32 , 33 , 36 , 37) |
| 7. jurisdiction and its limits in arbitration awards. (Para 72 , 76 , 100) |
| 8. jurisdiction of the arbitrator and grounds for interference. (Para 82 , 92 , 95 , 107) |
| 9. final judgment and implications. (Para 104 , 112) |
ORDER :
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Prayer:- Original Petition is filed under Section 34 (2)(3) of the Arbitration and Conciliation Act, 1996 praying to set aside the Award dated 18.05.2023 passed by the learned Sole Arbitrator in respect of the disputes between the petitioner and the 1st respondent under the License Agreement dated 27.07.2016.
The petitioner is aggrieved by the Impugned Award dated 18.05.2023 passed by the learned Arbitrator.
2. By the aforesaid Impugned Award dated 18.05.2023, learned
The court affirmed that the claimant must secure the necessary Airport Entry Permits and upheld the arbitration award, ruling no breach by the respondent; consent regarding the arbitrator's appointme....
An employee of the respondent or even a retired employee would be ineligible to be appointed as an arbitrator. The panel of arbitrators should be broad-based and should include persons with diverse b....
The court reinforced that impartiality and independence of arbitrators is essential, disqualifying those with vested interests under Section 12(5) of the Arbitration and Conciliation Act, 1996.
Disqualified arbitrators cannot appoint successors; unilateral requests do not waive statutory disqualifications under the Arbitration and Conciliation Act.
The appointment of an arbitrator must comply with the Arbitration and Conciliation Act, particularly Section 12(5), which disqualifies certain individuals from serving as arbitrators.
2020 Rules which came into force from the date of their publication in the Official Gazette, i.e. 12.02.2020, cannot be given retrospective effect. The intention of Government of India to make the 20....
The appointment of a sole arbitrator deviated from the statutory requirements and terms of the arbitration agreement, making proceedings invalid under the Arbitration and Conciliation Act, 1996.
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
The court established that the modified provisions of the General and Special Conditions of Contract (GCC) regarding the constitution of the Arbitral Tribunal were applicable in railway contracts, an....
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