appointment of a sole arbitrator. It has been
further mentioned that the unilateral appointment of the
arbitrators by respondent is also violative of Sections ... shall deal with the next issue related to argument
of petitioners against unilateral appointment of Arbitrator. It is
admitted fact in this case that arbitration
impugned Award has been passed by Ld. Sole
Arbitrator, who was unilaterally appointed by the respondent,
without any consent of the petitioner and hence ... gave any
written consent for waiver to the appointment of the arbitrator
unilaterally by the respondent. It is further case of the petitioner
that
demand of the respondent.
7. The Ld. Sole Arbitrator was appointed unilaterally by the
petitioner as per clause 17 of the Distribution/Dealership Agreement ... Mahajan for the petitioner submitted that the Sole Arbitrator
was unilaterally appointed by the petitioner; that such appointment was
in voilation of Section
counsel for Petitioner argued that the appointment of the Sole
Arbitrator was unilateral, having been made solely by
Respondent, and that merely providing a panel ... arbitrators does
not cure the defect of unilateral appointment. It was further
ARBTN No. 2535/2018 (Pulastya Pramachala)
District Judge (Commercial Court)-01,
Page
letter dated 10.05.2023 to him
for initiation of arbitration proceedings and for unilateral
appointment of a sole arbitrator for adjudication of disputes
between them ... Limited [2020 SCC Online Del 350], as the sole arbitrator was
appointed unilaterally by respondents, who were the parties
interested in outcome of disputes
policy of law
(C) That the clauses in the agreement are onerous, unilateral
and thus have no sanctity in the eyes of law. Various
clauses ... independence or
impartiality.
(E) That the appointment of the Ld. Arbitrator was unilateral
at the behest of the respondent No. 1 which is
impermissible
fundamental ground raised by the
petitioner is that the arbitrator was appointed unilaterally
and without his consent and the order passed ... soul and fulcrum of any judicial
or quasi-judicial process. The unilateral appointment of
arbitrators is germane to this vice, and when the first step
impugned Award has been passed by Ld. Sole
Arbitrator, who was unilaterally appointed by the respondent and
hence, not sustainable.
(ii) The impugned Award ... interest @ 24% p.a., on 07.06.2021. The
Sole Arbitrator (Respondent No.2), unilaterally appointed by
Respondent No.1, issued an ex-parte award
impugned Award has been passed by Ld. Sole
Arbitrator, who was unilaterally appointed by the respondent and
hence, not sustainable.
(ii) The impugned Award ... work for
gain at Delhi. The Sole Arbitrator (Respondent No.2),
unilaterally appointed by Respondent No.1, issued an ex-parte
award on 08.10.2021, without
ground of the arbitration proceedings being
conducted by an Arbitrator appointed unilaterally by the
Respondent No.1 against consent of the Petitioner.
2. Arbitration Proceedings ... Petitioner has submitted that the
appointment of the Arbitrator was unilateral and against the
consent of the Petitioner and therefore, the proceedings
conducted
