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RAJEEV MISRA
V. K. Gupta And Associates – Appellant
Versus
Superintending Engineer – Respondent
| Table of Content |
|---|
| 1. hearing of parties by the court. (Para 1 , 2) |
| 2. existence of arbitration clause in contract. (Para 3 , 4 , 5) |
| 3. formation of arbitral tribunal. (Para 6 , 7) |
| 4. arguments regarding vacancy in tribunal. (Para 8 , 9 , 10) |
| 5. counterarguments by the opposing party. (Para 12 , 14) |
| 6. court's observation on appointment authority. (Para 15 , 16) |
| 7. application allowed. (Para 17 , 18) |
| 8. appointment of sole arbitrator. (Para 19 , 20 , 21) |
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 Rive
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....
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