High Court cannot act as Appellate Authority under Section 11(6) of the Arbitration Act to set aside Arbitrator’s decision on unilateral appointment | In the absence of justifiable doubt as to the independence and impartiality of unilateral appointed Arbitrator, the Court cannot ignore appointment made as per procedure and further make appointment of an Arbitrator in terms of Section 11(6) – Saumansh Infrastructure Pvt. Ltd. Vs. Sepset Properties Pvt. Ltd. – Punjab & Haryana High Court

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Hon’ble Punjab & Haryana High Court held that:
(i) The Arbitrator adjudicated application of the applicant filed under Section 16 of 1996 Act and dismissed. The Court cannot sit over said decision of Arbitrator as Appellate Court and set aside the same while exercising power under Section 11(6).
(ii) An application filed under Section 11(6) of the Arbitration was dismissed as withdrawn and there is no reason to entertain second application on the same set of facts and circumstances.
(iii) In the absence of justifiable doubt as to the independence and impartiality of the Arbitrator, this Court cannot ignore appointment made as per procedure and further make appointment of an Arbitrator in terms of Section 11(6).

High Court cannot act as Appellate Authority under Section 11(6) of the Arbitration Act to set aside Arbitrator’s decision on unilateral appointment | In the absence of justifiable doubt as to the independence and impartiality of unilateral appointed Arbitrator, the Court cannot ignore appointment made as per procedure and further make appointment of an Arbitrator in terms of Section 11(6) – Saumansh Infrastructure Pvt. Ltd. Vs. Sepset Properties Pvt. Ltd. – Punjab & Haryana High Court Read Post »