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1 - 10 of 25 (0.39 seconds)The Arbitration And Conciliation Act, 1996
Bharat Broadband Network Limited vs United Telecoms Limited on 16 April, 2019
Section 36 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Trf Ltd. vs Energo Engineering Projects Ltd. & Anr. on 17 February, 2017
In Perkins Eastman Architects DPC & Anr. v. HSCC (India)
Ltd.: (2020) 20 SCC 760, the Supreme Court, following the earlier
decision in TRF Ltd. (supra), held that the Chairman-cum-Managing
Director of a party was ineligible to appoint an arbitrator.
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Taipack Limited And Ors. vs Ram Kishore Nagar Mal on 23 May, 2007
33. Following the above said decision of the Hon'ble Supreme
Court in case of Perkins Eastman Architects DPC & Ors. (Supra),
the Hon'ble High Court of Delhi in the case of Proddatur Cable
TV Digi Services v. Citi Cable Network Limited (2020) 267 DLT
51 also held that it would be impermissible for a party to
unilaterally appoint an arbitrator as in terms of Section 12(5) of
the Arbitration & Conciliation Act read with the Seventh
Schedule of the said Act, an employee would be ineligible to act
as an arbitrator by virtue of the law as explained by the Hon'ble
Supreme Court in TRF Ltd. (Supra) and Perkins Eastman
Architects DPC & Ors. (Supra). It was further held by their
Lordships that such ineligibility would also extend to a person
appointed by such officials who are otherwise ineligible to act as
arbitrators.
Section 13 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 16 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Proddatur Cable Tv Digi Services vs Siti Cable Network Limited on 20 January, 2020
Following
the aforesaid decisions, this court in Proddatur Cable TV Digi
Services v. Siti Cable Network Limited: (2020) 267 DLT 51 held that
it is not permissible for a party to unilaterally appoint an arbitrator
without the consent of the other party(ies). It is important to note that
the aforesaid decisions were rendered in the context of Section 12(5)
of the A&C Act.