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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J
NORTHERN RAILWAYS SENIOR DIVISIONAL COMMERCIAL MANAGER – Appellant
Versus
M/S JAGRAN ENGAGE – Respondent
| Table of Content |
|---|
| 1. challenging arbitration award based on appointment issues (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. unilateral appointment of arbitrator cannot be challenged (Para 7 , 11) |
| 3. legal implications of appointing arbitrators unfairly and the role of government (Para 8 , 9 , 10) |
| 4. award set aside due to procedural invalidity (Para 12 , 13) |
JUDGMENT
1. The present Petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner challenging the Award dated 28.02.2019, passed by the learned Sole Arbitrator.
2. The primary ground taken by the Petitioner is that the appointment of Arbitrator was unilateral in nature and, therefore, the award be set aside. The question which therefore, arose before this Court was as to whether a party which appoints the arbitrator can turn around and challenge the Award on the ground of unilateral appointment or not.
3. The facts, in brief, leading to the present Petitions, are that on 03.02.2017, the Petitioner herein invited tenders for grant of advertisement rights through vinyl wrapping on the exterior of Shatabdi trains running on the New Delhi–Amritsar (Train Nos. 12029/30) and New Delhi–Kalka (Train Nos. 1200
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