27 September 2021, Monday

2 years ago

For certain claim arbitrator appointed by appellate court with parties’ consent while disposing appeal against set-aside court’s order: Delhi High Court

27 September 2021 | United India Insurance Co. Ltd. v. Worldfa Exports Pvt. Ltd. | FAO(OS) (COMM) 110/2021 | Rajiv Shakdher and Talwant Singh JJ | Delhi High Court | 2021 SCC OnLine Del 4502

In an appeal against the set-aside court’s order, it appears to be common ground that there was “ambiguity” regarding one head of the claim (grant of interest) and that could not be “set right in appeal” given the law laid down in Project Director, National Highways No. 45E and 220 National Highways Authority of India v. M. Hakeem, 2021 SCC OnLine SC 473.

A party suggested that if both sides agree to a fresh arbitration, the new tribunal could decide the claim. “To hasten the proceedings”, the court suggested and appointed AK Sikri as the arbitrator.

Read the decision here.


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