impugned award') passed by Mr. Soma Kar Ghosh, Sole
Arbitrator. The award debtors herein are Amrapali Enterprises
represented by proprietor Mohammad Jahangir (hereinafter
referred ... conclusion that
once the arbitrator has become ineligible by operation of law, he cannot
nominate another as an arbitrator. The arbitrator becomes ineligible
Facilitation Council )
decided to refer the case to the sole Arbitrator empaneled by the Government
vide its order No.02.05.2013 ... summons in the proceedings,
the matter was referred to the Sole Arbitrator even though there was no
arbitration clause between the parties. Various other legal
persona designata arbitrator where the persona designata was
to be the arbitrator or had the right to nominate an arbitrator in his place.
(for emphasis ... arbitrator but was also
disqualified from nominating an arbitrator. The Supreme Court accordingly
annulled the appointment of the arbitrator and appointed a retired Judge
Arbitration and
Conciliation Act, 1996 1 for the appointment of a Sole Arbitrator by Glock
Asia-Pacific Ltd.2
2. Facts: The Ministry of Home ... retired Judge of the High Court of Delhi as the Sole Arbitrator.
The respondent was called upon to accept the nomination within 15 days.
Replying
pleased to set aside the award
of the Learned Sole Arbitrator dated 04.10.2018 to the extent
challenged above for the reasons and grounds mentioned above ... 36603/2012 appointed a new arbitrator. The Learned Sole Arbitrator
vide Order dated 4th August 2018 made and published the impugned
Award. Aggrieved
applicant would justify the
relief, for appointment of a sole Arbitrator, at the hands of this
Court, by relying upon the following decisions ... Court.
8. The respondent resisted the application, seeking
appointment of a sole Arbitrator, by contesting the same on
two counts, the frst being that
Arbitration &
Conciliation Act, 19961 seeks appointment of a sole arbitrator to adjudicate
the disputes between the parties.
2. The disputes between the parties have ... raised by a party to arbitration shall be adjudicated by a
Sole Arbitrator appointed by CMD, NTPC from the List of Empanelled
Arbitrators of NTPC
under the Ministry of
Railways.
(a)(ii) Qualification for appointment as Sole
Arbitrator :
(a) Retired Railway officer not below SAG level 3 years
after ... arbitrator Mr.O.P.
Bhatia, Retired ADG (Special) CPWD, Delhi and requested the
respondent to appoint their nominee arbitrator so that the
presiding Arbitrator
aside of the Arbitral Award dated
20.11.2015 passed by the learned Sole Arbitrator to the limited
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date ... Agreement and raised as many as 17 claims before
the learned Sole Arbitrator. Out of these claims, the learned
Sole Arbitrator granted 9 claims, while
conclusion that once the arbitrator has become ineligible
by operation of law, he cannot nominate another as an arbitrator. The
arbitrator becomes ineligible ... conclusion that once the arbitrator has
become ineligible by operation of law, he cannot
nominate another as an arbitrator. The arbitrator
becomes ineligible
