M/s. OMCON Infrastructure Pvt. Ltd. v. Indiabulls Investment Advisors Ltd Court: High Court of Delhi | Case Number: OMP (T) (Comm) 35 /2020 | Citation: Not available currently | Bench: Rekha Palli J | Date: 01 September 2020 Applying the Perkins rule, the Delhi High Court has ruled that a unilateral right
Continue readingUnilateral right of appointing sole arbitrator not valid under the Perkins rule even if the right was not with any individual but the “company” (Delhi High Court)
The appointment of sole-arbitrator by the Government in a dispute where one party is a government company (a public sector undertaking) is valid (Punjab & Haryana High Court)
Reliance Infrastructure Ltd. v. State of Haryana and another Court: Punjab & Haryana High Court | Case Number: Civil Revision 7191 of 2019 | Citation: MANU/PH/0428/2020 | Currently not available | Judge: Alka Sarin J | Date: 03 June 2020 | Available at: https://indiankanoon.org/doc/157439483/ THE ARBITRATION CLAUSE AND APPOINTMENT OF
Continue readingParty appointed sole arbitrator is ineligible in view of the Supreme Court’s 2-judge bench decision in Perkins case; the 3-judge bench decision in Central Organisation for Railway Electrification distinguished (Delhi High Court)(20 January 2020)
Proddatur Cable TV Digi Services v. SITI Cable Network Limited, O.M.P (T) (COMM.) 109/2019 Delhi High Court; single-judge bench, Jyoti Singh J.; Decided on 20.01.2020 An agreement of August 2015 between the parties provided for resolution of disputes by a sole arbitrator appointed by Siti Cable (defined in the arbitration
Continue readingAppointment procedure skewed in one party’s favour can constitute de jure inability under Section 14 ACA (Delhi High Court)
Larsen and Toubro Ltd. v. Public Works Department; 2020 SCC OnLine Del 33 High Court of Delhi; Single-judge bench; Rajiv Shakdher, J.; Decided on 9 January 2020 The background Larsen and Toubro Ltd. (“L&T”) and the Public Works Department of the Government of NCT of Delhi (“PWD”) had a contract
Continue readingWhen the agreement specifically provides for appointment of an arbitral tribunal from a panel of serving or retired Railway Officers, the appointment should be in terms of the agreement; TRF case and Perkins case distinguished (Supreme Court of India)
Central Organisation for Railway Electrification v. ECI-SPIC-SMO_MCML (JV), 2019 SCC OnLine SC 1635 Supreme Court of India, 3-judge bench, R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. decided on 17 December 2019 This is a recent addition to the list of cases on appointment of arbitrator versus the principles of
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