PERKINS EASTMAN ARCHITECTS DPC & ANR.C (INDIA) LTD. versus HSCC (INDIA) LTD

The contract qualifies as an international commercial arbitration under Section 2(1)(f). If the appointment procedure grants one party exclusive power and justifiable doubts exist regarding independence and impartiality, the court may appoint an independent arbitrator and ignore prescribed procedure.

Parties: Applicant: Perkins Eastman Architects DPC & Anr.; Respondent: HSCC (India) Ltd.
Jurisdiction: India
Judgment Date: 26 November 2019
Procedural Posture: Arbitration Application / Application Under Sections 11(6) Read With 11(12)(a) for Appointment of Arbitrator
Outcome: Application allowed
Legal Topics: Appointment of Arbitrator, International Commercial Arbitration, Independence and Impartiality of Arbitrator, Dispute Resolution Clause

Arbitration Commercial Law Appointment of Arbitrator International Commercial Arbitration Independence and Impartiality of Arbitrator Dispute Resolution Clause

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Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

Perkins Eastman Architects DPC & Anr.

Applicant

HSCC (India) Ltd.

Respondent

Procedural Posture

Arbitration Application / Application Under Sections 11(6) Read With 11(12)(a) for Appointment of Arbitrator

Legal Issues

1 Whether the application for appointment of arbitrator is maintainable under Section 11(6) and 11(12)(a) of the Arbitration and Conciliation Act, 1996
2 Whether the contract constitutes an International Commercial Arbitration under Section 2(1)(f)
3 Whether appointment of arbitrator by respondent was valid and timely

Ratio Decidendi

Court Disposition

Application allowed

Orders

Application under Section 11(6) read with Section 11(12)(a) is allowed.
Effect of respondent’s letter dated 30.07.2019 and appointment of arbitrator annulled.