A private company recently moved the Delhi High Court seeking the replacement of a retired Supreme Court judge functioning as a sole arbitrator in a commercial dispute, citing a delay of over 16 months in the delivery of the arbitral award.

According to what transpired in the Court, the retired judge had reserved his decision in July 2024, but is yet to pass the award.

The lawyers also contended that the arbitrator's mandate had expired over 40 days ago. However, they had received an email from the arbitrator urging the parties to seek a two-month extension from Court a day before the hearing.

The matter was taken up briefly by Justice Subramonium Prasad. During the hearing, the Court observed that the case amounted to “an embarrassing plea”, noting that the request sought removal of a former Supreme Court judge over alleged delay in pronouncing the award.

The Court stopped short of issuing notice and granted a short adjournment.

It was submitted that the arbitration had already progressed to the stage of final arguments and written submissions before the award was reserved in July 2024, the but passing of the award has been deferred for 16 months, frustrating the arbitration.

It was further highlighted that the opposing side had, on an earlier occasion, also expressed reluctance to extend the mandate of the arbitrator any further.

The company is thus seeking termination of the existing mandate by filing a plea under Section 14 of the Arbitration Act. It further sought the appointment of a substitute arbitrator, preferably one having technical experience as contemplated under the contract.

The matter will be taken up later this month for further consideration.