sole Arbitrator, in accordance with
clause 24 of the Contract dated 22nd May, 2017
executed between the parties and the sole Arbitrator
so appointed ... appoint one arbitrator
and the two appointed arbitrators to appoint a third
arbitrator), in the event of a party failing to appoint an
arbitrator within
party who appointed him may appoint a new arbitrator in his place; (b) if one party fails to appoint an arbitrator, either originally ... having appointed his arbitrator before giving the notice, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator
party who appointed him may appoint a new arbitrator in his place;
(b) If one party fails to appoint an arbitrator, either originally ... having appointed his arbitrator before giving the notice, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator
indicating the names of persons for appointment as arbitrator and after filing of the memos appointed a sole arbitrator in each of the cases ... should be appointed and not a sole arbitrator and that too a non-official and non-technical sole arbitrator. In this connection, learned Counsel relied
agree upon a sole Arbitrator next exercise
of appointment of one Arbitrator by each party and the third Arbitrator
appointed by the two Arbitrators ought ... Arbitrator, that
party shall appoint their Arbitrator within 14 days, failing which the
decision of the single Arbitrator appointed shall be final. The learned
Arbitrator
repeatedly raised an objection about appointment of the learned
arbitrator as a sole arbitrator unilaterally appointed by the respondent
by various letters referred to aforesaid ... application for
appointment of an arbitrator. In my view, the respondent could not have
appointed the learned arbitrator as a sole arbitrator unilaterally. The
appointment
appointment of the sole arbitrator on the following
grounds:-
i. First, it observed that the sole arbitrator appointed by the
respondent did not suffer from ... arbitrator appointed by the Chairman of the respondent was ineligible
to act as an arbitrator as he was appointed unilaterally. Further, such
an appointment
Arbitration
Act by SBE for appointment of an Arbitrator in International
Commercial Arbitration and thus the appointment of the Sole
Arbitrator by the High Court ... appoint one arbitrator, and the two appointed
arbitrators shall appoint the third arbitrator who shall act
as the presiding arbitrator.
(4) If the appointment procedure
submitted that the award dated 20.01.2021 is by the sole arbitrator. The said
Arbitrator was appointed unilaterally by the Finance Company-1st respondent.
He submitted ... other person as a sole Arbitrator. Consequently, the submission
is that on the admitted fact that the sole arbitrator was appointed unilaterally
by the Legal
Member
Secretary STEM (Respondent)" shall be the sole arbitrator and no external
arbitrator shall be appointed.
5. On such premise, the appellant filed ... proceedings to that effect to substitute
the sole arbitrator. Morevoer, the day learned sole arbitrator entered reference,
there was no such disqualification whatsoever.
21. Further
