Sunday, July 14, 2013

Arbitration and Conciliation Act, 1996 - Sections 11 and 7 - Appointment of arbitrator

Arbi­tra­tion and Con­cil­i­a­tion Act, 1996 — Sec­tions 11 and 7 — Appoint­ment of arbi­tra­tor — Arbi­tra­tion and Con­cil­i­a­tion Act, 1996 — Sec­tions 11 and 7 — Appoint­ment of arbi­tra­tor — Clause in the arbi­tra­tion agree­ment spec­i­fies that some offi­cer of the Cor­po­ra­tion may be appointed as sole arbi­tra­tor — Clause fur­ther spec­i­fies that ven­dor will not be enti­tled to raise any objec­tion to any such arbi­tra­tor on ground that he is an offi­cer of the Cor­po­ra­tion — Peti­tion by ven­dor to appoint a Retired Supreme Court Judge as the arbi­tra­tor — On the ground that if any per­son nom­i­nated in the arbi­tra­tion clause is appointed then it may suf­fer from bias or he may be not impar­tial or inde­pen­dent while tak­ing deci­sion — Held, once a party has entered into an agree­ment with eyes wide open it can­not wrig­gle out of the sit­u­a­tion on these grounds — If such grounds are jus­ti­fied, the ven­dor may move appli­ca­tion under Sec­tion 34, to set aside the award. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com



Arbitration and Conciliation Act, 1996 - Sections 11 and 7 - Appointment of arbitrator

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