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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
MILIND RAMESH PHADKE
Savoy Steel Industry – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of arbitration proceedings. (Para 1 , 2 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments related to applicability of arbitration laws. (Para 9 , 10 , 11 , 12) |
| 3. court's analysis of delay and latches. (Para 13 , 14 , 15 , 16) |
| 4. existence of dispute necessitates appointment of arbitrator. (Para 17) |
| 5. conclusion and order for appointment of arbitrator. (Para 18 , 19 , 20) |
ORDER :
1. The present application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 has been filed for appointment of an arbitrator in lieu of non-adherence to the terms and conditions of a tender and rate contract issued by the respondents for manfuacturing and supply of furniture at Maharajpura, by the respondents.
2. Short facts leading to the present application are that the present applicant had entertained into a contract agreement no.CWE (P)/MJR/03 of 86-87 for manufacturing and supply of furniture. As per the agreement a period for completion for the contract for both group A and group B was fixed as six months and in case only one group was accepted, then the period of completion was reckoned as four months. Further all the articles given in the schedule-A was required to
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....
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
Once a party initiates arbitration proceedings under Section 11(6), the opposing party's right to appoint an arbitrator ceases, making any subsequent appointment invalid.
The main legal principle established in the judgment is the court's authority to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when a dispute arises and no arbi....
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 main legal point established is that once an application is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, the right of the opposite party to appoint the arbitrator cease....
The right to appoint an arbitrator is not forfeited by serving notice for appointment; jurisdictional interventions can temporarily affect appointment rights, and the court's role is to ensure compli....
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....
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