Kumar
Shandilya, learned counsel for the petitioner, is that the arbitrator was
unilaterally appointed by the respondent. He relies upon the judgments
of the Supreme ... Neutral Citation Number:2023/DHC/000404
Ltd.3, to submit that a unilaterally appointed arbitrator is ineligible to
act under Section
Contract, rendered her appointment invalid. The
second contention was that unilateral appointment of the arbitrator is
impermissible inter alia in view of the judgments ... Maniktala's second
contention with regard to the impermissibility of unilateral
appointment of an arbitrator.
11. The judgments of the Supreme Court in TRF8
present case are undisputed, viz that the learned
arbitrator was unilaterally appointed by the respondent-Kotak Mahindra
OMP (ENF.) (COMM.) 22/2020 & Connected Matters ... optional."
[Emphasis supplied]
5. On the question of unilateral appointment, the Division Bench in
Govind Singh (supra) followed the judgments of the Supreme Court
present case are undisputed, viz that the learned
arbitrator was unilaterally appointed by the respondent-Kotak Mahindra
OMP (ENF.) (COMM.) 22/2020 & Connected Matters ... optional."
[Emphasis supplied]
5. On the question of unilateral appointment, the Division Bench in
Govind Singh (supra) followed the judgments of the Supreme Court
Arbitrator, due to his appointment by the
respondent unilaterally. By an order dated 24.11.2022, the learned
Arbitrator rejected this application, holding inter alia that ... petitioner
had waived its right to object to the unilateral appointment of the learned
Arbitrator. This has led to the filing of the present petition
ground urged by Mr. Srivastava is that the
learned arbitrator was appointed unilaterally by the respondent. Relying
upon the judgments of the Supreme Court ... arbitrator, by reason of appointment by one of the parties
unilaterally, cannot be sustained.
6. Mr. Vishv Dev, learned counsel for the respondent, accepts
provides for
appointment of arbitrator by the President of the respondent, such
unilateral appointment is impermissible in view of the judgments of the
Supreme Court
provides for
appointment of arbitrator by the President of the respondent, such
unilateral appointment is impermissible in view of the judgments of the
Supreme Court
been fixed as New Delhi. In
view of the fact that unilateral appointment of an arbitrator by one of the
parties is impermissible under
ground of challenge in the present petition is that the
arbitrator was unilaterally appointed in terms of the agreement, in which
Signature Not Verified
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