HALA KAMEL ZABAL Vs. ARYA TRADING LTD.

JUDGEMENT

(1.) Through the present Appeal, the Appellant (Petitioner before the learned Single Judge) assails the correctness of the Judgment dtd. 14/8/2024 [hereinafter referred to as 'Impugned Order'], whereby the learned Single Judge has adjudicated the issue as to whether, in an International Commercial Arbitration [hereinafter referred to as 'ICA'], the appointment of an arbitrator by this Court vitiates the resultant Arbitral Award dtd. 14/2/2012 [hereinafter referred to as 'Arbitral Award'], if the appointment is in consonance with the arbitration agreement between the parties. Learned Single Judge has unequivocally held that such an appointment does not impair the validity of the Arbitral Award.

(2.) Herein, the Appellant contends that the appointment of the learned sole arbitrator, Hon'ble Justice Anil Dev Singh (Retd.), by this Court was contrary to law, as the arbitration constituted an ICA and, therefore, the power under Sec. 11(6) 'Sec. 11(6)' of the Arbitration and Conciliation Act, 1996 'A&C Act', could not have been exercised by this Court. It is asserted that such an appointment, being without authority, vitiated the arbitral proceedings and the Arbitral Award.

(3.) Accordingly, the issue that falls for consideration is whether the exercise of jurisdiction by this Court under Sec. 11(6), in an ICA, invalidates the appointment of an arbitrator, the arbitral proceedings and the Arbitral Award.