already
been passed, during the pendency of this petition, by a unilaterally appointed
sole arbitrator.
BRIEF FACTS
2. The facts, insofar as are necessary ... these
circumstances, vide notice of invocation dated 21st November, 2017,
Respondent unilaterally appointed the first sole arbitrator.
2.3. The first sole arbitrator entered upon
seeking termination of the mandate of the sole arbitrator, unilaterally
appointed by the respondent, with further prayer for substitution of the
sole arbitrator appointed ... arbitration clause by
way of the said notice.
5. Thereafter, respondent unilaterally appointed an arbitrator,
without informing the petitioners or obtaining their consent. The sole
reference to the argument of the respondent that the
petitioner unilaterally imposed two weeks deadline, Mr. Rao relied
upon Clause 9.0.2.0 of the contract ... also argued that even the right of the
respondent to unilaterally nominate a panel of members is invalid. For
this, Mr. Rao highlighted Clause
ineligible to act as an Arbitrator. The learned
Sole Arbitrator was appointed unilaterally by the respondent without
concurrence or prior information to the petitioners ... respondent did not
seek concurrence of the petitioners before proceeding to unilaterally
appoint the learned Arbitrator. It is also relevant to note that the learned
arbitration clause in the contract to the extent that it contemplates
unilateral appointment of an arbitrator by the respondent cannot be
complied with ipso jure ... arbitration clause
has been followed. Invariably, arbitration clauses do not
contemplate the unilateral appointment of an arbitrator by one of
the parties. There
Judge of this
Court. HLL objected to the said appointment as being unilateral, and
has thereafter, filed OMP (T) (Comm) 115/2021, which is also ... communication dated 9th September, 2021 on the
ground that the appointment was unilateral.
30. HLL's grievance is that ESIC, thereafter, proceeded, again
Signature
observed that the high costs
associated with the Arbitrator, including the arbitrary, unilateral and
disproportionate fixation of fee by several Arbitrators. Some mechanism to
rationalize ... held that where the Arbitrator has been
appointed by the party itself unilaterally, the mandate may be terminated and
a substitute Arbitrator may be appointed
Justice Pratibha Rani (Retd.), former Judge
of this Court, who was unilaterally appointed by the Respondent. With the
Respondent deciding not to pursue its claims ... parties. SMPPL invoked arbitration vide
letter dated 06th June, 2019 and unilaterally appointed the Arbitrator.
4.3. In the first hearing before the Arbitrator on 12th
Loan Agreement.
3. The disputes arose between the parties, and respondent unilaterally
appointed Mr. Jaswant Singh as the Sole Arbitrator to adjudicate the
disputes between ... been raised
by the petitioners in respect of unilateral appointment of the Arbitrator as
being in contravention to Section
supra), by stating that was a case
wherein one party had unilaterally appointed an Arbitrator, without
there being any valid arbitration clause, or notice invoking ... barred, to determine if the arbitrator is to be
appointed mutually or unilaterally and to make sure whether the
arbitrator proposed to be appointed
