appointment of nominee arbitrator for the respondent,
who along with the nominee of the petitioner appointed vide notice
dated 25.06.2020, would appoint a presiding Arbitrator ... arbitrator may be appointed notwithstanding the
total number of arbitration cases in which he has been
appointed in the past.
(iii) While appointing arbitrator
justified in appointing
an independent sole arbitrator without resorting to the procedure for
appointment of the arbitrator as prescribed under Clause 64(3 ... aside the appointment of an independent
arbitrator and directed the General Manager of Railways to appoint
arbitrator in terms of Clause 64(3
forfeits its right of appointing an arbitrator
and it is for the Chief Justice/his designate to appoint an
independent arbitrator under Section ... appointment of an arbitrator or in the case of
rejection because of no claim as in the instant case for
appointment of an arbitrator including
liabilities under the contract
in respect of these claims.
64.(3) : Appointment of Arbitrator :
64.(3) (a) : Appointment of Arbitrator where
applicability of section ... shall appoint new
arbitrator/arbitrators to act in his/their place in the same
manner in which the earlier arbitrator/arbitrators had been
appointed. Such
CARBPL 30940-23 J.doc
3 : Appointment of Arbitrator
(a) Appointment of Arbitrator where applicability of section 12(5) of
Arbitration and Conciliation ... involve the appointment of the Arbitrator,
whereas the partisan approach of the Arbitrator may become
evident during the arbitration proceedings. Thus, an arbitrator
Arbitrator was not appointed.
6. By the present petition, Petitioner seeks appointment of a sole
Arbitrator in terms of Clause 64(3 ... Managing Director appoints
an Arbitrator of his choice or discretion, if he is himself ineligible to be
appointed as an arbitrator. The said principle
Arbitrator was not appointed.
6. By the present petition, Petitioner seeks appointment of a sole
Arbitrator in terms of Clause 64(3 ... Managing Director appoints
an Arbitrator of his choice or discretion, if he is himself ineligible to be
appointed as an arbitrator. The said principle
CARBPL 30940-23 J.doc
3 : Appointment of Arbitrator
(a) Appointment of Arbitrator where applicability of section 12(5) of
Arbitration and Conciliation ... involve the appointment of the Arbitrator,
whereas the partisan approach of the Arbitrator may become
evident during the arbitration proceedings. Thus, an arbitrator
right of the
respondent to appoint sole arbitrator stood forfeited. The
respondent however straightway appointed respondent no.3
Justice B. Panigrihi, as the sole arbitrator ... respondent appointed arbitrator from its side
issuing notice to the petitioner to appoint arbitrator on its behalf.
The petitioner declining to appoint arbitrator
party could appoint one arbitrator, and the
two arbitrators so appointed, could appoint the third arbitrator, who would
act as the presiding arbitrator. Under ... person appointed as
arbitrator and the duty of an arbitrator appointed, to disclose any
disqualification he may have. Sub-Section (3) of Section 12 gives
