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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Tarsem Lal Saini – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Jagmohan Bansal, J.
Through instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short '1996 Act'), the applicant is seeking appointment of an Arbitrator.2. Pursuant to tender, the applicant was allotted work vide work order dated 04.03.2021 (Annexure A/2) by the respondents. A dispute erupted between the parties. There is an arbitration clause in the Contract Agreement. The allotment of work, arbitration clause in the Contract Agreement and service of notice under Section 21 of 1996 Act is not disputed.
3. Mr. Vijay Pal, Advocate submits that respondents are not averse to appointment of an Arbitrator to resolve the issue, however, respondents are seeking no objection of applicant to make appointment because appointment has to be made by respondents.
4. In view of recent judgment of Five Judges Bench of Supreme Court in 'Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV) A Joint Venture Co. 2024 SCC Online SC 3219, the respondents cannot make unilateral appointment.
5. On being confronted with abovesaid judgment of Supreme Court, counsel for the respondents expressed his inability to controvert the applicability of
The main legal point established in the judgment is that due to the amendment in the Arbitration and Conciliation Act, 1996, it is no longer permissible for a party or its official to act as an Arbit....
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
The court has jurisdiction to appoint an arbitrator when parties cannot agree, reaffirming the necessity to comply with provisions of the Arbitration and Conciliation Act, 1996.
Strict enforcement of arbitration agreement and the law does not permit either party to act as an arbitrator or appoint the arbitrator to arbitrate on the disputes.
The court established that under the amended Arbitration and Conciliation Act, 1996, an arbitrator must be independent and impartial, and parties cannot appoint an arbitrator if the appointing author....
The main legal point established in the judgment is that the waiver of the bar under Section 12(5) of the Act requires an express agreement in writing, and in the absence of such agreement, the court....
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