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IN THE HIGH COURT OF DELHI AT NEW DELHI
Avneesh Jhingan, J
PTC Techno Pvt. Ltd. – Appellant
Versus
Samsung India Electronics Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. procedural context and factual history of the arbitration agreement (Para 1 , 2 , 3 , 4) |
| 2. arguments surrounding section 12(5) waiver and conduct (Para 5 , 6) |
| 3. analysis of section 12(5) requirements for express written waiver (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. unilateral appointments by interested parties are void ab initio (Para 17 , 18) |
AVNEESH JHINGAN, J. (ORAL)
1. This matter is taken up today as 03.03.2026 was declared holiday vide Notification No. 64/G-4/Gen1.-I/DHC dated 27.02.2026.
2. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) challenging the arbitral award dated 17.11.2018.
3. The short controversy involved is whether the appointment of the arbitrator by the Vice President of the respondent company is in violation of the amended Section 12(5) of the Act.
4. The brief facts are that the parties to the lis entered into a Mould Agreement dated 01.06.2009 (hereinafter referred to as „MA‟) and two Purchase and Sale Agreements dated 26.11.2009 and 20.06.2013. As
per the MA, the respondent was to supply moulds for the manufacturing of parts to be carried out by the petitioner. Th
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