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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V.SHRAVAN KUMAR
Chennai Best Blue Metals – Appellant
Versus
Sarvepalli Vijay Sekhar – Respondent
| Table of Content |
|---|
| 1. factual basis of the arbitration dispute (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. application for appointment of arbitrator (Para 8 , 9 , 10) |
| 3. authority to appoint substitute arbitrator (Para 11 , 12 , 13) |
| 4. arguments regarding appointment procedures (Para 14 , 15 , 16 , 18 , 19) |
| 5. interpretation of procedural requirements in arbitration (Para 20 , 21 , 22 , 23) |
| 6. counterarguments regarding implied authority in partnerships (Para 24 , 25 , 26) |
| 7. role of jurisdiction in arbitration matters (Para 28 , 30 , 31 , 32) |
| 8. court's power to appoint an arbitrator under the act (Para 35 , 36 , 37 , 38 , 39) |
| 9. final ruling on the appointment of a substitute arbitrator. (Para 40) |
| 10. final decision on appointment of arbitrator (Para 41 , 42 , 43 , 44) |
ORDER :
N.V. SHRAVAN KUMAR, J.
This Arbitration Application has been filed under Section 11 (6)read with Section 15 (2) of the Arbitration and Conciliation Act, 1996, (for short ‘the Act’) seeking for an appointment of substitute Arbitrator for applicants and the respondent to adjudicate claims/disputes arose between the parties.
2. Brief facts as stated in the Arbitration Application are that the Applicant No.1 M/s.Chennai Best Blue Met
A partner lacks authority to represent a firm in arbitration without the express consent of other partners, and appointment of a substitute arbitrator requires adherence to agreed procedures under th....
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.
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....
Court clarified that initial appointment of an Arbitrator must derive authority from the Arbitration Act, rejecting jurisdiction under Section 8 and confirming that participation does not waive juris....
Technical dismissals/withdrawals do not bar Section 15 application for substitute sole arbitrator post prior death; mandate terminates under Act only for specified reasons, courts must facilitate res....
The court reaffirmed that the scope of inquiry under Section 11 is limited to determining the prima facie existence of an arbitration agreement, and the withdrawal of a prior application does not con....
The main legal point established is the court's authority to appoint an Arbitrator when an Arbitration Agreement is invoked, and the need for detailed examination of the effect of new agreements on t....
The referral court's scope under Section 11(6-A) is limited to the prima facie existence of an arbitration agreement. A formal notice under Section 21 is not mandatory if the respondent has prior kno....
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