2006 (7) TMI 715 - HC - Indian Laws

Summary

Issues involved: Appointment of Arbitrator, Recusal of Arbitrator, Vacancy in Arbitrator position, Fee of the Arbitrator, First hearing of the arbitration.

Appointment of Arbitrator:
The arbitration application was initially disposed of by appointing Justice Jaspal Singh (Retired) as an Arbitrator. However, it is mentioned in the present application that Justice Jaspal Singh recused himself when the parties appeared before him. The order of recusal by Justice Jaspal Singh (Retired) is dated 4th July, 2006.

Recusal of Arbitrator:
Justice Jaspal Singh (Retired), who was initially appointed as the Arbitrator, recused himself when the parties appeared before him. This led to a vacancy in the Arbitrator position that needed to be filled.

Vacancy in Arbitrator position:
Due to the recusal of Justice Jaspal Singh (Retired) from the position of Arbitrator, a vacancy arose that required filling. The application was disposed of by appointing Justice R.C.Chopra (Retd.), a former Judge of the Court, as the new Arbitrator in place of Justice Jaspal Singh. The fee of the newly appointed Arbitrator would be as per the terms mentioned in the previous order.

Fee of the Arbitrator:
The fee of the newly appointed Arbitrator, Justice R.C.Chopra (Retd.), would be in accordance with the provisions outlined in para 16 of the order dated 27th March, 2006, which pertained to the initial appointment of an Arbitrator.

First hearing of the arbitration:
Parties were directed to appear before the newly appointed Arbitrator, Justice R.C.Chopra (Retd.), on 21st August, 2006, at 5.00 PM. The residence of Justice R.C.Chopra was designated as the place of arbitration for the first hearing, with the address provided for communication purposes.

This judgment primarily dealt with the recusal of the initially appointed Arbitrator, leading to the appointment of a new Arbitrator to fill the vacancy. The decision ensured the continuation of the arbitration process by appointing Justice R.C.Chopra (Retd.) and providing details regarding the fee and the first hearing of the arbitration at the designated location.