Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 2(1)(f) Appointment of sole Arbitrator 11(12)(a) and 11(6) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Arbitration Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996 :ss. 2(1)(f), 11(12)(a) and 11(6) – Termination of contract –Appointment of sole Arbitrator – Application u/ss. 11(12)(a)and 11(6) by the contraCtor company on the grounds that soleArbitrator waS not appointed by Competent Authority; that suchappointment was beyond the period prescribed and that anindependent and impartial arbitrator was required to be appointed– Objection to maintainability of the application – Held : In thefacts of the present case, the arbiration is an InternationalCommercial Arbitration and hence the application is maintainable– However, the delay in appointing the Arbitrator cannot be saidto be of such magnitude to attract exercise of power u/s 11 – Ifthere are justifiable doubts as to the independence and impartialityof the sole arbi trator, and if other circumstances warrantappointment of an independent Arbitrator by ignoring theprocedure prescribed, such appointment can be made by the Court– In the facts of the present case, the application is entertainable– Retired Judge of Supreme Court appointed as the sole Arbitrator.Arbitration:Appointment of sole Arbitrator – Held : Where only oneparty has a right to appoint sole Arbitrator, its choice will alwayshave an element of exclusivity in determining or charting thecourse for dispute resolution – The person having interest in theoutcome or decision of the dispute, must not have the power toappoint sole arbitrator and in such case appointment can be madeby the Court |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 1285 |
Petitioner | Perkins Eastman Architects Dpc & Anr.c (india) Ltd. |
Respondent | Hscc (india) Ltd |
SCR | [2019] 17 S.C.R. 275 |
Judgement Date | 2019-11-26 |
Case Number | 32 |
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