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2019 (11) TMI 371 - SC - Indian LawsAppointment of an Arbitrator on behalf of Respondent No. 1, Doordarshan, in an international commercial arbitration - Section 11 of the Arbitration & Conciliation Act, 1996 - HELD THAT:- Disputes arose between the parties, which led to the invocation of the arbitration clause on 14.01.2019 by the Petitioner – Company. The Petitioner – Company nominated its arbitrator on 28.02.2019 in terms of the agreement. However, Respondent No. 1 – Doordarshan failed to nominate an arbitrator. Consequently, the Petitioner – Company has filed the present Application under Section 11 of the Arbitration & Conciliation Act, 1996 seeking appointment of an Arbitrator by the Court on behalf of Respondent No. 1 – Doordarshan. Even though the arbitration agreement provides for a Three member arbitral tribunal, the Counsel for all the parties at the time of hearing, requested for the appointment of a Sole Arbitrator in modification of the arbitration clause stipulating a threemember tribunal, to adjudicate the disputes. Accordingly, with the consent of the Counsel for the parties, we appoint Mr. Justice (Retd.) A. M. Sapre, Former Judge, Supreme Court of India as the Sole Arbitrator subject to the declarations being made under Section 12 of the Arbitration and Conciliation Act, 1996 with respect to independence and impartiality, and the ability to devote sufficient time to complete the arbitration within the period of 12 months. The learned Arbitrator is requested to complete the proceedings within the timelimit specified under Section 29A.
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