Case Law Details
Umaxe Projects Private Limited Vs Air Force Naval Housing Board (Delhi High Court)
Introduction: In a recent case before the Delhi High Court, Umaxe Projects Private Limited challenged arbitral awards under Section 34 of the Arbitration & Conciliation Act, 1996. The main contention was the ineligibility of the arbitrator, and whether seeking an extension under Section 29A amounted to a waiver of this right. Here’s a detailed analysis of the court’s decision.
Detailed Analysis:
1. Background: Umaxe Projects Pvt. Ltd. sought to set aside arbitral awards delivered by a Sole Arbitrator in disputes related to two separate projects. The primary ground for challenge was the alleged ineligibility of the arbitrator.
2. Grounds for Challenge: Umaxe argued that the arbitrator’s appointment was contrary to the Seventh Schedule of the A&C Act, making the awards susceptible to challenge. They contended that their participation in the arbitral proceedings did not waive their right to challenge the arbitrator’s eligibility.
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