Judicial Dictionary



Title Appointing of Arbitration
Details

It is a cardinal principle of the Arbitration and Conciliation Act that the parties are free to decide the number of arbitrators, provided, it is an odd number, as well as the procedure for appointing them. However, if the parties are not able to agree on the said procedure, or constitute the Arbitral Tribunal to their mutual satisfaction, either of the party has an option to route to an appropriate remedy under Section 11 of the Act, which provides detailed machinery for appointment of Arbitrator through judicial intervention. Justice Amitava Roy, a former Judge of this Court, is appointed as the sole Arbitrator to adjudicate the disputes between the parties on such fees he may fix. Nevertheless to say, the said appointment is subject to the necessary disclosure being made under Section 12 of the Act and the Arbitrator not being ineligible under Section 12(5) of the Act. The petitions as well as interlocutory application, if any, are disposed of accordingly. .....IBI Consultancy India Private Limited =VS= DSC Ltd., (Civil), 2018 (2) [5 LM (SC) 41] ....View Full Judgment


The Arbitration and Conciliation Act, 1996 (as amended)
Sections 12, 26
Appoint Sole Arbitrator–
With the consent of the Counsel for the parties, we appoint Justice G. S. Singhvi, former Judge of this Court, as the Sole Arbitrator, who will adjudicate all the claims and counter claims afresh. If the Sole Arbitrator requires the assistance of qualified Engineer/s or Expert/s, he may appoint such person/s under Section 26 of the Arbitration and Conciliation Act, 1996. The Ld. Arbitrator is free to fix his fees after consultation with the parties, which will be borne equally by them. ...National Highways Authority of India =VS= M/S. Progressive Construction Ltd., (Civil), 2021(1) [10 LM (SC) 4] ....View Full Judgment