said appointment by its letter dated 5.12.2020
suggesting the names of three other persons for
consideration of the respondent to appoint a sole
arbitrator ... appoint/nominate the
sole arbitrator, falls foul of "independence or impartiality"
required of the sole arbitrator so appointed on account of
appointing authority
Arbitrator.
6.8. As per Rule 15 of the "Rules of Arbitration and
Conciliation" of the Chamber, the Sole Arbitrator appointed
by the Chamber ... purpose of appointment of an Arbitrator.
In the instant case, a sole arbitrator has been appointed in
accordance with Clause 9 of the Form
present Application and disputed the appointment of the Arbitrator by
the respondent. The sole Arbitrator appointed by the respondent
meanwhile fixed a Schedule for Arbitration ... parties by issuing notice for appointment of Sole Arbitrator and the
Award passed by the Sole Arbitrator shall be final and binding on both
present Application and disputed the appointment of the Arbitrator by
the respondent. The sole Arbitrator appointed by the respondent
meanwhile fixed a Schedule for Arbitration ... parties by issuing notice for appointment of Sole Arbitrator and the
Award passed by the Sole Arbitrator shall be final and binding on both
present Application and disputed the appointment of the Arbitrator by
the respondent. The sole Arbitrator appointed by the respondent
meanwhile fixed a Schedule for Arbitration ... parties by issuing notice for appointment of Sole Arbitrator and the
Award passed by the Sole Arbitrator shall be final and binding on both
been borrowed by the petitioners and appointed sole arbitrator
and the sole arbitrator has not been appointed with the consent
of the petitioners, when they ... petitioners and receipt of the said objection by the sole
arbitrator and moreover the sole arbitrator though has referred
the objection in the order sheet
named arbitrator, could not act as arbitrator nor could be allowed
to appoint another arbitrator. The disclosure of a prospective
arbitrator has to be made ... Sole Arbitrator not only before Ld. Sole Arbitrator orally but also
before respondent no. 1 company. Whereas it was not recorded
by Ld. Sole Arbitrator
Sole Arbitrator neither
petitioner paid the payable dues nor appeared before Ld. Sole
Arbitrator nor joined arbitral proceedings nor objected before Ld.
Sole Arbitrator including ... notice dated 15/01/2018 of Ld. Sole Arbitrator, Ld. Sole
Arbitrator was unilaterally appointed by the respondent to
adjudicate the dispute between the parties
Yadav, Ld. Sole Arbitrator, petitioner
sent written objection cum arguments to said Ld. Sole Arbitrator
Sh. J.N. Yadav. Said Ld. Sole Arbitrator ... aside the appointment of an arbitrator
appointed by one of the parties having exclusive right to appoint
and appointed an independent arbitrator in the application
illegally
confirmed the appointment of the sole Arbitrator.
12. It is also submitted that the sole Arbitrator issued notice
on August ... application challenging the appointment of the sole
Arbitrator. No application was in fact moved before the sole
Arbitrator. It is submitted by Ms. Anand that