SC: Appointment Of Substitute Arbitrator To Conform To S.15

The Supreme Court in the case of Huawei Technologies Co. Ltd. V. Sterlite Technologies Ltd. 2015 SCC Online SC 785, has re-iterated the procedure for the appointment of arbitrator in the event of recusal of the presiding arbitrator.

The Petitioner in this case filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a Sole Arbitrator in accordance with the arbitration agreement contained in clause 22.3 of the Supply Contract between the parties.

Clause 22.3: "All disputes...... shall be referred to arbitration in accordance with the Indian Conciliation and Arbitration Act, 1996 and conducted by a single arbitrator to be appointed by the Parties by mutual consent."