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28 October 2021| BCC Developers and Promoters Pvt. Ltd. v. Delhi Metro Rail Corporation Ltd |Arb. P. 813 of 2021| Suresh Kumar Kait J |Delhi High Court | 2021 SCC OnLine Del 4837
In an application for appointment of a sole arbitrator, the petitioner suggested that the respondent DMRC’s power to provide the panel of arbitrators “stands disqualified” under Section 12 ACA.
Rejecting the argument, the court relied on CORE 2019 SCC OnLine SC 1635 and observed that in that case the court “rejected the decision of High Court appointing independent arbitrator, without resorting to the procedure for appointment of arbitrators as prescribed under the [agreement].” It ruled that the panel of arbitrators drawn out of railway employees or ex railway employees, are not statutorily ineligible. It directed the parties to follow the procedure set out in the agreement (that is, one monimation each and the third to be appointed by the two nominees).
Read the judgment here.
Categories: Appointment of Arbitrators | Bharat Broadband | Broad Based Panel | CORE | Independence and Impartiality of Arbitrator | Perkins | SAROD Rules | Section 11 ACA | TRF | Voestalpine