Iworld Business Solutions Private Limited v. Delhi Metro Rail Corporation Limited Court: Delhi High Court| Case number: OMP (T) Comm. 71 of 2020 | Citation: Not available currently |Bench: C Hari Shankar J | Date: 04 December 2020 Applying the decision of the Supreme Court in CORE (cited below), a
Continue readingClause restricting choice of one party to select the sole arbitrator from a panel of three names is okay. Voestalpine (2-judge bench SC) cannot be relied on because of CORE (3-judge bench SC). Passages in Voestalpine about broad-based panel were merely suggestions (Delhi High Court)
Update by Editor
Categories: Fifth Schedule | Independence and Impartiality of arbitrator | Section 11 | Section 12 | Seventh Schedule | The Perkins principle | The TRF principle | The Voestalpine principle
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)
Update by Arushi Bhagotra
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 reading Categories: Appointment of arbitrator | Bias | Failure or impossibility to act | Fifth Schedule | Grounds of challenge | Independence and Impartiality of arbitrator | Neutrality of arbitrator | Right to appoint arbitrator | Right to nominate arbitrator | Section 12 | Section 13 | Section 14 | Seventh Schedule | Sole arbitrator | Termination of mandate and substitution of arbitrator | The Perkins principle | The TRF principle
When 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)
Updates by Editor
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
Continue reading Categories: Appointment of arbitrator | Arbitral tribunal of serving or retired officers | Bias | Delay in nominating arbitrator | Fifth Schedule | Independence and Impartiality of arbitrator | Neutrality of arbitrator | Right to appoint arbitrator | Right to nominate arbitrator | Seventh Schedule | The Perkins principle | The TRF principle