The Union Of India vs Reliance Industries Ltd. & Anr. on 2 June, 2023
Author
Deepak submits that the grant of an opportunity of
unilateral hearing to Novartis, by the learned Assistant Controller on 2nd
December 2022, by the notice ... 2021, grant a further - and, as he would submit, clandestine -
unilateral hearing to Novartis on 2nd December 2022. He further points
out that the directions
Further, the documents on
record indicated that the Arbitral Tribunal was also unilaterally
constituted by Beverly. The petitioner had, in any case, not consented ... contract with Brompton and that the
appointment of the learned Arbitrator was unilateral by Brompton,
without any consent by the petitioner, the learned Arbitrator
dated 01.10.2018 dispatched on 03.10.2018.
Since, the contract has already been terminated unilaterally,
therefore, It is requested to appoint an independent Arbitrator in
terms ... challenged on the ground that the appointment of the
arbitrator was unilateral.
20. The Supreme Court has, however, reversed the decision of this
Court
that the impugned award is a nullity as the arbitrator had been
unilaterally appointed by the respondent without the consent of the
petitioner. The impugned ... agreement were, as in certain other
cases, to have provided for unilateral appointment of an arbitrator,
such a covenant could not have been enforced
arbitral award was entirely vitiated as the appointment of the
arbitrator was unilateral and, therefore, vitiated in view of Section ... amended to introduce, therein, sub-
section (5), which proscribed, unilateral appointment of the
arbitrator by one of the parties,
(ix) even thereafter, the appellant never
arbitral award was entirely vitiated as the appointment of the
arbitrator was unilateral and, therefore, vitiated in view of Section ... amended to introduce, therein, sub-
section (5), which proscribed, unilateral appointment of the
arbitrator by one of the parties,
(ix) even thereafter, the appellant never
Appeal Committee did not include any such member and was
unilaterally constituted by the Chancellor of the University, the
petitioner submitted that the Appeal Committee ... agreement and
are conscious of the existence of the arbitration clause permitting
unilateral appointment of the Arbitrator. Even so, the Supreme Court
has held
Special General Body Meeting of the IOA, could not have been
unilaterally undone by Respondent No. 4, as President of the
IOA.
(ix) The term ... even in his capacity as
president of the IOA, to unilaterally curtail this period, by a
terse communication to the members.
(x) Further, sub-clause
position,
arguing that the 1985 instrument constitutes no more than a unilateral
communication from the defendants and does not confer any
enforceable right upon ... letter dated 10.02.1989 (Ex.
DW 1/24), even if considered a unilateral proposal, was accepted by
Plaintiff No.1 through the letter dated