Arbitration. The 1st respondent
on 23.01.2019 without obtaining consent of the petitioners, unilaterally
appointed the Sole Arbitrator to adjudicate the disputes inter se the parties ... outs from 14.12.2018.
Subsequently, the petitioners-Chennai silks without issuing prior notice
unilaterally terminated the lease deed vide e-mail dated 14.12.2018 stating
the only
Sole Arbitrator. Hence, without issuing any
notice invoking arbitration, the respondent had unilaterally appointed the
Sole Arbitrator and without any Arbitral Notice, the award came ... reported in 2019 SCC OnLine SC
1517, in the event of any unilateral appointment of Arbitrator without the
consent of the other party, the same
suggested by
the respondent, the respondent had proceeded with the same and unilaterally
appointed the Arbitrator. Thereafter, the impugned award dated 13.04.2023
was passed ... reported in 2019 SCC OnLine SC 1517, in the event of any
unilateral appointment of Arbitrator without the consent of the other party,
the same
award has been passed by the learned Arbitrator, who had been appointed
unilaterally and secondly, the award is non-est in law, as the same ... stating the same has been passed by an Arbitrator, who has been
unilaterally appointed by this Court.
5.4 The learned counsel for petitioner submitted that
reported in 2019 SCC OnLine SC
1517, in the event of any unilateral appointment of Arbitrator without the
consent of the other party, the same ... proviso of Section 12(5) of the Act, in the event of
unilateral appointment, the appointed Arbitrator can proceed with, when the
other party waives
passed by the learned Sole Arbitrator, since the said Arbitrator was
unilaterally appointed by the 1st respondent.
6. The main grounds of challenge made ... petitioner are that the
1st respondent appointed the learned Arbitrator unilaterally and the ex parte
award also came to be passed on 23.01.2023 without giving
Arbitration Clause mentioned in the loan agreement and
appointed the Sole Arbitrator unilaterally without the consent ... petitioners would submit that the
respondent has appointed the Sole Arbitrator unilaterally without the consent
of the petitioners. After issuing the notice, dated
petitioners would submit that the
respondent has appointed the Sole Arbitrator unilaterally without the consent
of the petitioners. The respondent has appointed the Arbitrator, without ... hence,
the award passed by the learned Arbitrator, who was appointed unilaterally,
cannot be sustained and it is liable to be set aside
petitioners would submit that the
respondent has appointed the Sole Arbitrator unilaterally without the
consent of the petitioners. The respondent has appointed the Arbitrator,
without ... hence, the award passed by the learned Arbitrator, who was
appointed unilaterally, cannot be sustained and it is liable to be set aside
stating that
it was forged one.. While so, the 1st Respondent unilaterally appointed
Mrs.K.Elaiyarani as the Arbitrator on 26.02.2022, who passed the award ... petitioners would submit that the respondent has
appointed the Sole Arbitrator unilaterally without the consent of the
petitioners. The respondent has appointed the Arbitrator, without
