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by Admin
07 May 2024 2:49 AM
In a recent judgment, the Delhi High Court highlighted the importance of broad-based panels in the appointment of arbitrators. The court, in its ruling delivered by Hon'ble Mr. Justice Sachin D, emphasized the significance of impartiality, independence, and counterbalancing of power in the arbitration process.
Referring to the principles laid down in the Voestalpine case, the court stressed that arbitration panels should consist of professionals from diverse backgrounds, including engineers from the private sector, legal experts, and individuals from other fields. This approach, according to the court, helps create a healthy arbitration environment and instills confidence in the parties involved.
The judgment further observed that restrictive panels that do not adhere to these principles are not in line with the objective of promoting fairness and justice in arbitration. The court noted that counterbalancing of power is achieved when both parties have the opportunity to nominate arbitrators, ensuring that the appointment process is free from any undue influence or bias.
The court expressed concerns about exclusive appointment powers that may impinge upon party autonomy. It held that appointment procedures lacking counterbalancing measures fail to establish an independent and impartial Arbitral Tribunal. Consequently, the court ruled that nominated arbitrators and the presiding arbitrator should be appointed, allowing the parties to freely raise their claims before the Arbitral Tribunal.
While the judgment focused on the appointment procedure, it left the merits of substantive disputes open for further consideration. The ruling serves as a significant reminder of the need to uphold fairness and transparency in arbitration proceedings.
Highlighting the relevance of the judgment, the court stated in its ruling, "Panel must be broad-based and instill confidence in parties. Restrictive panels not in conformance with principles." [Para 32]
This decision has attracted attention from the legal community and is expected to have implications for future arbitration proceedings. It reinforces the importance of broad-based panels and the principles of impartiality and independence in ensuring a just and equitable arbitration process.
High court remarked, "The appointment procedure must strive to create a healthy arbitration environment by having a broad-based panel, including engineers from the private sector, legal professionals, and individuals from other fields." [Para 24]
The judgment referred to several cases, including SMS Ltd. Vs. Rail Vikas Nigam Limited and L&T Hydrocarbon Engineering Limited Vs. Indian Oil Corporation Limited, to support its reasoning. It provided a comprehensive analysis of the appointment procedure and cited the principles established in previous judgments to reinforce its stance.
Date of Decision: July 10, 2023
MARGO NETWORKS PVT LTD & ANR. vs RAILTEL CORPORATION OF INDIA LTD
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