arbitrator appointment Archives

Scope of judicial scrutiny at Section 11

SC clarifies scope of judicial scrutiny under Section 11 of Arbitration Act: Sets aside Bombay HC ruling on appointment of arbitrator

Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.

Case Briefs Supreme Court

Application for arbitrator’s appointment cannot be rejected on multiplicity alone if cause of action for subsequent arbitration arises: SC

“While applying the principles of Order 23 Rule 1 of CPC to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, it must be kept in mind that it will act as a bar to only those applications which are filed subsequent to the withdrawal of a previous Section 11(6) application filed on the basis of the same cause of action.”

Case Briefs High Courts

Delhi High Court | Appointment of Arbitrators Post-2015 Amendment must adhere to eligibility criteria regardless of contract execution and arbitration commencement dates

The clear ineligibility to any unilateral appointment is set out in Section 12 of the Arbitration Act read with the Seventh Schedule of the Act. After the 2015 Amendment to the Act came into effect, any unilateral appointment would be contrary to the law.

Case Briefs High Courts

Bombay High Court clarifies provisions of Arbitration Act to be above Institutional Arbitration Rules; directs MCIA to appoint an independent arbitrator

Bombay High Court directed MCIA to substitute the arbitrator and appoint an independent arbitrator to continue with the arbitral proceedings.