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
award, it is apparent that Mr. Soma Kar Ghosh, Sole
Arbitrator was unilaterally appointed by the award holder vide its
letter dated June ... parte.
Page 2 of 17
5. The position of law on unilateral appointment of an arbitrator is no
more res integra and has been settled
arbitral award on the ground that the
award was passed by a unilaterally appointed arbitrator. It is to be
noted that the challenge under ... oral submissions and challenged the said arbitral award on the
ground that unilateral appointment of the sole arbitrator is
impermissible under Section 12(5) read
petitioners say that the appointment is invalid having regard to
the unilateral appointment of the Arbitrator by one of the parties to the
dispute. Learned ... writing to
circumvent the invalidity of the appointment. Counsel submits that the
unilateral appointment of the Arbitrator is void ab initio and the Arbitrator
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
seeks termination of the mandate of the Sole
Arbitrator appointed unilaterally by the Respondent.
2. It is apposite to note the factual background before dealing ... Respondent herein, without serving any notice
invoking arbitration, unlawfully and unilaterally appointed a panel of
three arbitrators, under the agreement dated 9th February
Counsel for petitioner this appointment was carried out
unilaterally without any concurrence or consent or express
agreement qua his appointment as Sole Arbitrator. While ... breach of Principles of Natural Justice and that the Arbitral
Tribunal was unilaterally appointed by Govt. of NCT of Delhi
without consent of the Objector
Holder 3
3. Assessment of Executability of Ex-Parte Award Passed by Unilaterally Appointed Sole Arbitrator 4
3.1 Scope of Judicial Intervention by Execution Court ... Commercial Arbitration 1985 and UNCITRAL Arbitration Rules, 2021 29
proscribe and forbid Unilateral appointment of Sole Arbitrator by a disputing party
3.6 Legal position
Holder 3
3. Assessment of Executability of Ex-Parte Award Passed by Unilaterally Appointed Sole Arbitrator 4
3.1 Scope of Judicial Intervention by Execution Court ... Commercial Arbitration 1985 and UNCITRAL Arbitration Rules, 2021 29
proscribe and forbid Unilateral appointment of Sole Arbitrator by a disputing party
3.6 Legal position
