AIR 2021 (NOC) 170 (DEL.) ::2020 (5) ADR 114 ::AIROnline 2020 Del 1185 ::(2020) 4 Arbi LR 66 ::2020 (4) Arbi LR 66

Delhi High Court

Hon'ble Judge(s): Rekha Palli , J

(A) Arbitration and Conciliation Act (26 of 1996) S. 11 (6)— Appointment of presiding arbitrator — Petition for — Agreement between parties provided that dispute shall be referred to Society for Affordable Redressal of Disputes (SAROD) for resolution by Arbitration in accordance with Rules of SAROD and Arbitration and Conciliation Act — Two nominee Arbitrators of parties could not arrive at any consensus on aspect of appointment of presiding arbitrator — Once SAROD is discharging an important duty of providing affordable options for arbitration to those who need it, it is incumbent for it to ensure existence of a broad based panel — Petitioner— s apprehension that in case an arbitrator is appointed from SAROD panel, he may not be impartial while adjudicating disputes — Such apprehension can be addressed by appointing a person from legal background out of erstwhile panel of arbitrators maintained by SAROD — Petition allowed. (Para 20,21)