Placing reliance on clause 13.2
of the Agreement and claiming power to unilaterally nominate the
Arbitrator, the respondent appointed Ms. Charu Ambwani as the
Arbitrator ... India) Ltd. 2019 SCC Online SC 1517 in
view of which the unilateral appointment of the Arbitrator by the
respondent is vitiated under Section
between the parties gave right to the
Respondents to appoint the Arbitrator unilaterally, in teeth of the judgments
of the Supreme Court in Voestalpine Schienen ... Arbitrator from a panel of three
Arbitrators, failing which Respondents would unilaterally appoint one of
them. Having no option, Petitioners consented to the appointment from
declaration under Section 12 of the 1996
Act. Aggrieved by the unilateral appointment, Petitioner wrote to the
Arbitrator on 08.10.2020 apprising that the arbitration clause ... declaration under
Section 12 of the 1996 Act. Aggrieved by the unilateral appointment,
Petitioner wrote to the Arbitrator on 08.10.2020 to take the objections
against
which was never served upon the Petitioner and subsequently
Respondent unilaterally appointed a Sole Arbitrator. Petitioner was not
informed of the appointment the learned Arbitrator ... Respondent on its own appointed the
Sole Arbitrator, the appointment is a unilateral appointment and cannot be
sustained in law, vitiating the entire arbitral proceedings
declaration under Section 12 of the 1996
Act. Aggrieved by the unilateral appointment, Petitioner wrote to the
Arbitrator on 08.10.2020 apprising that the arbitration clause ... declaration under
Section 12 of the 1996 Act. Aggrieved by the unilateral appointment,
Petitioner wrote to the Arbitrator on 08.10.2020 to take the objections
against
declaration under Section 12 of the 1996
Act. Aggrieved by the unilateral appointment, Petitioner wrote to the
Arbitrator on 08.10.2020 apprising that the arbitration clause ... declaration under
Section 12 of the 1996 Act. Aggrieved by the unilateral appointment,
Petitioner wrote to the Arbitrator on 08.10.2020 to take the objections
against
again wrote to Respondent No.1 vide e-mail dated
26.11.2019 that unilateral modification was impermissible and was
contrary to the terms of the Tripartite ... dated
24.10.2018 and have approached this Court since the Arbitration
Clause envisages unilateral appointment of a sole Arbitrator by
lender/Respondent No.1, which cannot
proceedings, which were in violation of settled law, since learned
Arbitrator was unilaterally appointed by the Respondent, without the
consent of the Petitioner ... mandate of the Arbitrator on
the ground that he was appointed unilaterally by the Respondent.
Learned counsel for the Petitioner submits that the Arbitration Clause
mandate of the Sole Arbitrator deserves to be
terminated being a unilateral appointment in the teeth of Section 12 of 1996
Act and judgments ... available to a party
to an arbitration agreement of taking recourse to unilateral appointment
without the consent of the other party, since there ought
Arjun Ahluwalia vs Air India Limited on 1 June, 2021
Author: Jyoti Singh
Bench: Jyoti
