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Abraham Memorial Education Trust vs Prodigy Development Institution ... on 23 March, 2021 cites

Perkins Eastman Architects Dpc vs Hscc (India) Limited on 26 November, 2019

In reply to the said application, the Respondent accepted the challenge made by the Petitioner. But inexplicably, despite such stand of the Respondent, the learned Arbitrator continued with the arbitration proceedings in contravention to the Act and rendered the impugned award. Mr. Wadhwa, further highlighted the recent developments in law relating to unilateral appointment of the Arbitral appointment by referring to the latest caselaws and stressed that in the instant case, the Arbitration Clause does not confer a right on any one party to make an appointment of an Arbitral Signature Not Verified Digitally Signed By:SAPNA SETHI O.M.P. (COMM) 391/2020 Page 4 of 7 Signing Date:05.04.2021 15:17 Tribunal, and therefore the impugned award rendered is a nullity. That apart, the law as crystallised by the Supreme Court in Perkins Eastman Architects 1 DPC Vs. HSCC (India), Dharma Pratishthanam Vs. Madhok Constructions Pvt Ltd, 2 and H.S. Bedi & Others Vs. STCI Finance Ltd,3 would strike down the unilateral appointment done by the Respondent, as now, there cannot be any quarrel as to the proposition that unilateral appointment is contrary to the agreement as well as the law.
Supreme Court of India Cites 33 - Cited by 1034 - U U Lalit - Full Document

Dharma Prathishthanam vs M/S. Madhok Construction Pvt. Ltd on 2 November, 2004

In reply to the said application, the Respondent accepted the challenge made by the Petitioner. But inexplicably, despite such stand of the Respondent, the learned Arbitrator continued with the arbitration proceedings in contravention to the Act and rendered the impugned award. Mr. Wadhwa, further highlighted the recent developments in law relating to unilateral appointment of the Arbitral appointment by referring to the latest caselaws and stressed that in the instant case, the Arbitration Clause does not confer a right on any one party to make an appointment of an Arbitral Signature Not Verified Digitally Signed By:SAPNA SETHI O.M.P. (COMM) 391/2020 Page 4 of 7 Signing Date:05.04.2021 15:17 Tribunal, and therefore the impugned award rendered is a nullity. That apart, the law as crystallised by the Supreme Court in Perkins Eastman Architects 1 DPC Vs. HSCC (India), Dharma Pratishthanam Vs. Madhok Constructions Pvt Ltd, 2 and H.S. Bedi & Others Vs. STCI Finance Ltd,3 would strike down the unilateral appointment done by the Respondent, as now, there cannot be any quarrel as to the proposition that unilateral appointment is contrary to the agreement as well as the law.
Supreme Court of India Cites 26 - Cited by 54 - R C Lahoti - Full Document

Lt .Col . H .S .Bedi Retd. & Anr vs Stci Finance Limited on 18 November, 2020

In reply to the said application, the Respondent accepted the challenge made by the Petitioner. But inexplicably, despite such stand of the Respondent, the learned Arbitrator continued with the arbitration proceedings in contravention to the Act and rendered the impugned award. Mr. Wadhwa, further highlighted the recent developments in law relating to unilateral appointment of the Arbitral appointment by referring to the latest caselaws and stressed that in the instant case, the Arbitration Clause does not confer a right on any one party to make an appointment of an Arbitral Signature Not Verified Digitally Signed By:SAPNA SETHI O.M.P. (COMM) 391/2020 Page 4 of 7 Signing Date:05.04.2021 15:17 Tribunal, and therefore the impugned award rendered is a nullity. That apart, the law as crystallised by the Supreme Court in Perkins Eastman Architects 1 DPC Vs. HSCC (India), Dharma Pratishthanam Vs. Madhok Constructions Pvt Ltd, 2 and H.S. Bedi & Others Vs. STCI Finance Ltd,3 would strike down the unilateral appointment done by the Respondent, as now, there cannot be any quarrel as to the proposition that unilateral appointment is contrary to the agreement as well as the law.
Delhi High Court - Orders Cites 0 - Cited by 1 - R Palli - Full Document
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