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Search Results for "arbitrator ineligibility"

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High Court

Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Despite Non-Compliance with Pre-Arbitration Notice Period. The court held that the respondent's failure to respond to the notice and its conduct constituted waiver of the 30-day notice requirement under Clause 64(3)(b)(ii) of the Indian Railways Standard General Conditions of Contract.

3 Apr 2024

The applicant, S. N. Naik & Brothers, a proprietary concern, entered into a contract with the Union of India (respondent) on 23.09.2019 for constructi...

High Court

Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

27 Mar 2024

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

High Court

High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

19 Sep 2019

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

Supreme Court

Supreme Court Dismisses Appeal by Central Organisation for Railway Electrification Against Appointment of Independent Arbitrator in Contract Dispute. Statutory Ineligibility Under Section 12(5) of Arbitration Act Prevents Serving and Retired Railway Officers from Acting as Arbitrators Despite Contractual Clause.

17 Dec 2019

The appellant, Central Organisation for Railway Electrification, awarded a work contract to the respondent, a joint venture company, on 20.09.2010. Th...

High Court

Madras High Court Partially Allows Section 34 Petition Challenging Arbitral Award in Contract Dispute — Remits Matter for Fresh Consideration on Constitution of Arbitral Tribunal. Court finds that the Arbitral Tribunal was improperly constituted without obtaining petitioner's waiver under Section 12(5) of the Arbitration and Conciliation Act, 1996, and remits the matter for fresh adjudication by a properly constituted tribunal.

20 Jan 2026

The petitioner, RPN Engineers Chennai Private Limited, was awarded a contract by the respondents (Integral Coach Factory, Chennai) vide Letter of Acce...

High Court

Bombay High Court Rejects Allegations of Arbitrator Bias in Stamp Duty Compliance Matter. Arbitrator's Visit to Stamp Authorities to Explain Legal Process Under Maharashtra Stamp Act, 1958 Deemed Part of Statutory Duty and Not Evidence of Partiality.

23 Jul 2025

The petition invoked Section 14(2) of the Arbitration and Conciliation Act, 1996, seeking substitution of the sole arbitrator on the ground that she l...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award Based on Unilateral Appointment of Arbitrator. Unilateral Appointment Does Not Violate Section 12(5) Read with Seventh Schedule When Arbitrator Not Disqualified and Objection Waived by Participation.

1 Mar 2023

The petitioners, Hanuman Motors Pvt. Ltd. and another, challenged an arbitral award passed by a sole arbitrator appointed by the respondent, M/s. Tata...

Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

High Court

Bombay High Court Allows Appointment of Arbitrator in Municipal Construction Dispute Under Section 11(6) of Arbitration Act — Respondent Forfeits Right to Appoint by Delay. The Court held that the ineligibility under Section 12(5) read with Seventh Schedule can be waived, and the Respondent forfeited its right to appoint an arbitrator by failing to act within the prescribed time.

27 Jan 2023

The Petitioner, PSP Projects Limited, a construction company, was awarded a contract by the Respondent, Bhiwandi Nizampur City Municipal Corporation, ...

High Court

High Court of Karnataka Appoints Sole Arbitrator in Contract Dispute Between Proprietorship Firm and IIT Dharwad. Arbitration clause invoked under Section 11 of Arbitration and Conciliation Act, 1996 for disputes arising from contract dated 10.04.2018.

30 Jun 2021

The petitioner, M/S. Suresh Goel & Associates, a proprietorship concern, filed a petition under Section 11(5)(6) and 12(b) of the Arbitration and Conc...

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