CiteTEXT
...appointment of an Arbitrator by a party to the dispute, cannot be made.
4. Therefore, the interim stay granted by this Court on 21.06.2023, in favour .../Respondent This application has been filed seeking to stay the operation of the award dated 14.11.2022 passed by the learned Arbitrator in A.C.P.(AXIS-VL) No: 66 of 2022 pending disposal of the OP...and the stay granted by this Court is still in force, no useful purpose will be served if this application is kept pending, that too when the Hon'ble Supreme Court has clearly held that the unilateral...
...sole Arbitrator. The arbitration is in progress. The petitioners seek for termination of the arbitration on account of the unilateral appointment of the Arbitrator by the 1s...appointment of an Arbitrator by this Court to adjudicate the dispute between the parties arising out of the Loan Agreement, dated 25.01.2021.
5. In terms of the...terminating the Mandate of the Sole Arbitrator appointed by the first respondent. Both the learned counsels have also made an endorsement in the Court bundle stating that they are agreeable for...
...
the Hon'ble Supreme Court in Perkins judgment, referred to supra, that an unilateral appointment of an Arbitrator by a ...Award, an Arbitrator has been appointed unilaterally by the respondent, who is a party to the dispute. It is now settled law as laid down by the decision of
2/4...claimant had initiated arbitration by unilaterally appointing an Arbitrator which has culminated in the passing of the impugned Arbitral Award, dated
17.02.2023...
...to supra, such an unilateral appointment of an arbitrator by a party to the dispute is not permissible under law. In view of the settled law as laid down in the decision of the H...respondent / claimant has unilaterally appointed an Arbitrator, which is in violation of the decision rendered by the Hon'ble Supreme Court in the case of...appointed the Arbitrator unilaterally, which has culminated in the passing of the impugned Arbitral Award, dated 26.10.2017. As held by the Hon'ble Supreme Court in Perkins case referred...
...appointment of an arbitrator by a party to the dispute without obtaining the consent of the other is impermissible in law. Admittedly, the impugned arbitral award has been passed by an ...without obtaining the consent of the petitioner.
3. The learned counsel for the respondent fairly submits that the impugned arbitral award was passed by an arbitrator...30.10.2023 bearing Arbitration Case No.2065/2021 passed by the learned Sole Arbitrator (Shri.P.Ganesan) in its entirety
(ii) direct the respondent to pay the costs and...
...(India) Limited reported in (2020) 20 SCC 760, wherein it has been held that any unilateral appointment of an Arbitrator by a party to the dispute, is not...10.06.2021 passed by the learned Arbitrator and direct the respondent to pay the costs. For Petitioners : Ms.M.R.Uma Vijayan
For Respondent : Mr.S.R.Sundar...the Arbitration and Conciliation Act, challenging the Arbitral Award dated 10.06.2021 passed by the learned Arbitrator.
2.The petitioners have challenged the impugned...
...impugned arbitral award dated
24.08.2019.
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4. Being an unilateral appointment of ...
PRAYER: Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to call for the records relating to the impugned award passed by the Sole Arbitrator dated...arbitrator which has culminated in the passing of the impugned arbitral award dated 24.08.2019. The petitioner seems to have borrowed money from the respondents for the purchase of a vehicle. He seems to...
...SCC 760', which has made it clear that unilateral appointment of an Arbitrator by a party to the dispute, is not legally
2/4...the petitioner and the respondent arising out of the Loan Agreement.
5. Being an unilateral appointment by the respondent who is a party to the dispute, the...
15.02.2023, on the primary ground that the Arbitrator who has passed the impugned Arbitral Award, has been appointed unilaterally by the respondent who is a ...
..., wherein it has been categorically held that unilateral appointment of an Arbitrator by a party to the dispute is not permissible under law. Since the impugned Arbitral Award has been passed ...an Arbitrator. By exercising the said power, the first respondent has appointed an Arbitrator unilaterally, who has passed the impugned Arbitral Award. Aggrieved by the unilateral appointment ..., 1996 to set aside the Arbitral Award dated 20.10.2023, Arbitration Case No.SSP-SF-1998 of 2022, passed by the Sole Arbitrator Dr.S.S.P.Darwesh in its entirety and to direct the respondents to pay the...
..., wherein it has been categorically held that unilateral appointment of an Arbitrator by a party to the dispute is not permissible under law. Since the impugned Arbitral Award has been passed ...an Arbitrator. By exercising the said power, the first respondent has appointed an Arbitrator unilaterally, who has passed the impugned Arbitral Award. Aggrieved by the unilateral appointment ..., 1996 to set aside the Arbitral Award dated 20.10.2023, Arbitration Case No.SSP-SF-1996 of 2022, passed by the Sole Arbitrator Dr.S.S.P.Darwesh in its entirety and to direct the respondents to pay the...
..., wherein it has been categorically held that unilateral appointment of an Arbitrator by a party to the dispute is not permissible under law. Since the impugned Arbitral Award has been passed ...an Arbitrator. By exercising the said power, the first respondent has appointed an Arbitrator unilaterally, who has passed the impugned Arbitral Award. Aggrieved by the unilateral appointment ..., 1996 to set aside the Arbitral Award dated 20.10.2023, Arbitration Case No.SSP-SF-1997 of 2022, passed by the Sole Arbitrator Dr.S.S.P.Darwesh in its entirety and to direct the respondents to pay the...
...Architects DPC and Anr. (supra) has held that there cannot be a unilateral appointment or nomination of an Arbitrator by a party interested in the dispute. Reference has to be to an independen.... Learned counsel for the appellant submits that the appointment of the Arbitrator was unilateral and contrary to the judgment of the Supreme Court in Perkins Eastman Architect DPC and Anr. vs...
11. In the instant case since the appointment of an Arbitral Tribunal was unilateral and without recourse to Court, the Award rendered by...
....
24. Generally, the mode of appointment of the Arbitrator may be delineated as under:
"I. Unilateral ...be concluded that the appointment of a Sole Arbitrator by one party or the company or appointment of the Managing Director or its nominee as the Arbitrator does not meet t...17th September, 2020.
15. It is also asserted that the appointment of the Arbitrator by the respondent is directly hit by Section 12(5) read with Seventh Schedule...
.... Energo Engineering Projects Limited . reported in [2017] 7 S.C.R. 409, it is crystal clear that unilateral appointment of an arbitrator by a party who has some sort ...Trf Limited v. Energo Engineering Projects Limited . (supra) and Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd. (supra), held that unilateral ...of law on unilateral appointment of an arbitrator is no more res integra and has been settled by the Supreme Court through various judicial pronouncements.
6...
....
9. Pertinently, the arbitration agreement between the parties and invocation of arbitration are not disputed by the parties. However, unilateral appointment of ...(oral)
1. The present petition has been filed by petitioner seeking appointment of Sole Arbitrator under the provisions of Sections 11(5) and 11(6) ...submit to his jurisdiction as the Sole Arbitrator.
6. Learned counsel for petitioner submitted that appointment of Mr. S.S.
3...
...neutrality has been applied in myriad situations while considering the application for appointment of Arbitrator under Section 11 of the Act.
23. Generally, the mode of ....
27. It may thus be concluded that the appointment of a Sole Arbitrator by one party or the company or appointment of the Managing Director or its nominee ...advantage to DMRC which is contrary to the principles of natural justice. A prayer is, therefore, made to confirm the appointment of the nominee Arbitrator nominated by the petitioner and appoint an...
...such unilateral appointment of the Arbitrator by a party when resisted by the other side and as it is contrary to the arbitration clause itself is impermissible. It traduce the arbitratio...thereafter by letter dated 2-8-2011 informed to the Arbitrator that the fact of their objection to the appointment was suppressed by the Respondent and further requested to desist and ceased from...submitted to declare the whole arbitration proceedings being null and void and therefore the order so passed, in view of the unilateral appointment of the Arbitral Tribunal by the Respondent itself was...
...decisions and the decision of the Supreme Court in Bharat Broadband Network Limited (supra), this Court held in Proddatur Cable TV Digi Services (supra) that unilateral appointment of an Arbitrator .... The petitioner requested the learned Arbitrator to withdraw from the arbitral proceedings in view of the challenge to his appointment. However, the said request was rejected by an order dated...Arbitrator under Section 12(5) of the A&C Act by filing a petition under Section 14 of the A&C Act. He also referred to the decision of the Supreme Court in...
...the context of arbitration agreements, which provided for unilateral appointment of an arbitrator by a party / its designated employee. In that context, the Supreme Court had held that an...matter in the last two years.
4.6 The respondents challenged the appointment of the sole arbitrator by filing an application under Section 13 of the A&C Act..., inter alia, on the ground that respondents had not given their consent for appointment of the sole arbitrator. The respondents' application was dismissed by the sole arbitrator by an orde...
...) and Perkins Eastman Architects Dpc v. Hscc (India) Ltd. (supra), held that unilateral appointment of an ...which will per se make appointment of arbitrator illegal which however does not provide for number of arbitration done by the arbitrator for a particular party within period of t...the view that the approach of the learned Commercial Court is flawed. Unilateral appointment of the Arbitrator by the respondent is impermissible. The fact that the learned Sole ...