06 April 2021, Tuesday

2 years ago

1. The defaulting party has no locus to suggest the name of any arbitrator to the court (Delhi High Court)

06 April 2021| Fivestar Dehydration Private Limited v Union of India | C Hari Shankar J | 2021 SCC OnLine Del 2657

The respondent did not object to the petitioner’s application to appoint an arbitrator, but wanted to “suggest some names, out of which the Court could give anyone as arbitrator.”

The court rejected the suggestion and said that once the respondent defaults in complying with the arbitration clause and the petitioner approaches the court, the respondent’s locus to suggest any arbitrator stands foreclosed. It said that the “position is well-settled” by the Supreme Court’s Datar Switchgears Ltd. v. Tata Finance Ltd., (2000) 8 SCC 151.

Read the judgment here.


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