Section 14(1)(a) – Arbitration Act – Termination of mandate of Arbitrator
Order dated 3.9.2024 of the High Court of Delhi in O.M.P. (T) (COMN) 105 of 2023 in the case of Mr. Mohammad Eshrar Ahmed Vs. M/s. Tyshaz Buildmart India Private Limited.
In this petition under Section 14(1)(a) of the AA, the termination of mandate of Arbitrator was sought.
The High Court found that the notices invoking arbitration referred to the invoice documents. These invoices did not contain the signature of the petitioner or anything to indicate that the petitioner had consent to the terms of the invoices. Moreover, the recitals cannot be said to contain any arbitration agreement between the parties.
The High Court further found that even if it were assumed that there exists an arbitration agreement, the arbitrator was not appointed by mutual consent. If a party seeks appointment of arbitrator and another does not respond, the first party has no right to make unilateral appointment but to approach the Court under Section 11 of the AA.
In view of the above, the petition was allowed.
