Back
M. DHANDAPANI
Cotton Corporation of India Ltd. – Appellant
Versus
Viswabharathi Textiles Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to arbitral award (Para 1 , 2 , 3) |
| 2. arguments regarding bias and maintainability (Para 4 , 5) |
| 3. court's review of procedural compliance (Para 6 , 11 , 12 , 26) |
| 4. waiver of objections in arbitration (Para 7 , 8) |
| 5. natural justice and bias claims (Para 9 , 10) |
| 6. interpretation of relevant legal provisions (Para 13 , 14 , 15 , 16) |
| 7. requirements for appointment of arbitrators (Para 17 , 18 , 19 , 20) |
| 8. prior relations and arbitrator eligibility (Para 21 , 22) |
| 9. timeliness in challenging arbitral awards (Para 23 , 24 , 25) |
| 10. impact of company status on arbitration (Para 27 , 28) |
| 11. final judgment and order restoration (Para 29) |
JUDGMENT :
M. Dhandapani, J.
1. Through the present appeal, the appellant challenges the fair and decreetal order passed by the Principal District Court, Coimbatore in Ar. O.P. No.118/2004 dated 18.01.2006 in and by which the court below had set aside the arbitral award, which was passed in favour of the appellant herein.
2. For the sake of convenience, the parties will be referred to as appellant and respondent as arrayed herein.
3. The brief facts necessary for the disposal of this appeal are :-
The 1st respondent company has business
The timely objections to an arbitrator's impartiality are essential; delays in raising such objections or challenges on grounds of bias and limitation render subsequent claims unenforceable under the....
Participation in arbitration without objection constitutes a waiver of the right to challenge the appointment of the arbitrator, as per Sections 4 and 12 of the Arbitration and Conciliation Act.
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 appointment of the arbitrator must adhere to the terms of the arbitration agreement, and challenges to the appointment must fall within the exhaustive grounds enumerated in Section 34(2) of the 1....
The court emphasized the necessity for impartiality in arbitration, ruling that automatic appointments of arbitrators undermined the arbitration clause, rendering the award invalid.
Bias among arbitrators undermines impartiality and can lead to annulment of the award under arbitration law.
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
