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2021 (8) TMI 1271 - HC - Indian LawsSeeking termination of the mandate of originally constituted Arbitral Tribunal - seeking appointment of a new Arbitrator - Section 14 read with Sections 11 and 15 of the Arbitration and Conciliation Act, 1996 - whether sub-section (5) of Section 12 read with Seventh Schedule appended to the Act of 1996 can be relied by a party which had already appeared before the Arbitral Tribunal? - petitioner, who had already appeared before Arbitral Tribunal and participated in the proceedings, can now seek termination of the mandate of the Arbitral Tribunal or not? - HELD THAT:- In SP SINGLA CONSTRUCTIONS PVT. LTD. VERSUS STATE OF HIMACHAL PRADESH AND ORS. [2018 (12) TMI 1929 - SUPREME COURT] the chief Engineer, H.P. PWD appointed Superintendent Engineer pursuant to request of appellant as arbitrator in terms of Clause 65 of agreement but appellant-petitioner challenged such appointment on premise that arbitrator had not been appointed by name but had been appointed by designation. Reliance in that case was also placed on Section 12(5) as amended with effect from 23.10.2015 by Amendment Act 3 of 2016. It was held that Amendment Act shall not apply to the Arbitral Tribunal which had commenced its proceedings before its enforcement, inasmuch as same cannot have retrospective operation in arbitral proceedings already commenced unless parties otherwise agree. In the present case also when on invocation of arbitration clause by the petitioner, the Arbitral Tribunal consisting of the officers named by designation had already been appointed and has been acted upon, it cannot be said that there ever remained any vacuum in the Arbitral Tribunal because mere change of incumbents by reason of transfer or retirement would not make any difference as they were made members of the Arbitral Tribunal by designation and not by name. Therefore, there does not arise any necessity to appoint another Arbitral Tribunal. The present application fails and it is hereby dismissed.
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