Substitution of arbitrator

De Novo Arbitration
Case BriefsHigh Courts

The Manipur High Court disposed of an arbitration petition concerning the Thoubal Multipurpose Project Agreement by recording the parties’ consent to set aside an arbitral award and recommence arbitration. The Court appointed Justice D. Krishnakumar as the new sole arbitrator, directed de novo proceedings from the stage of framing issues using existing pleadings.

substitution of arbitrator abandoned arbitral proceedings Section 32
Case BriefsHigh Courts

Noting that nine years of complete inaction, with only vague references to settlement talks, constituted an implied abandonment terminating the proceedings under Section 32(2)(c), the Bombay High Court dismissed the application for substitution.

Section 29-A of Arbitration and Conciliation
Case BriefsSupreme Court

“The impugned interim order has been passed by the High Court on a misinterpretation of the ratio of the decision of this Court in Mohan Lal Fatehpuria (supra).”

independence and impartiality of arbitrator
Case BriefsHigh Courts

“The issue of under-stamping is often weaponized in arbitral proceedings and used to trip up the adjudication of disputes by way of arbitration. Arbitrators, being private persons, tend to be timid and send the instruments to the Stamp Authorities despite being entitled to compute the stamp duty amount and penalty component themselves.”