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RAJEEV MISRA
V. K. Gupta And Associates – Appellant
Versus
Superintending Engineer – Respondent
JUDGMENT :
(Rajeev Misra, J.)
Heard Mr. Dinesh Gupta along with Mr. Satya Prakash, the learned counsel for applicant and the learned Standing Counsel representing opposite party.
2. Perused the record.
3. This application under section 11(4) of the Arbitration and Conciliation Act, 1996 has been filed by applicant for a direction that an Arbitrator be appointed to fill the vacancy in the Arbitral Tribunal (comprising of three Arbitrators) which was already continued by opposite party-1 itself or in the alternative appoint a sole arbitrator, to resolve the dispute between the parties.
4. Record shows that parties entered into an agreement, vide Contract Bond No. 08/SE-SRE/2010-11, dated 13.09.2008 for continuation of a bridge over the Yamuna River at Clause 25.3 of the General Condition of Contract contains an arbitration clause for redressal of the dispute arising out of the contract entered into by the parties. For ready reference, Clause 25.3 of the agreement is reproduced herein under:-
The procedure for arbitration will be as follows:
25.3 (a) In case of Dispute or difference arising between the Employer and a domestic contractor relating to any matter
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
The interpretation of Section 15(2) of the Arbitration and Conciliation Act, 1996 is that where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the ru....
An application for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 is maintainable despite previous delays, as no arbitral proceedings were initiated un....
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....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
The court established that upon recusal of an Arbitrator, a substitute must be appointed per Section 15(2) of the Arbitration Act, adhering to the initial appointment rules.
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