HALA KAMEL ZABAL vs ARYA TRADING LTD & ORS. & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 21.01.2026 Judgment pronounced on: 06.02.2026 Judgment uploaded on: 06.02.2026 + FAO(OS) (COMM) 230/2024 HALA KAMEL ZABAL .....Appellant Through: Ms. Mamta Tiwari, Ms. Veronica Mohan and Mr. Vasumitra Gautam, Advs. versus ARYA TRADING LTD & ORS. & ORS. .....Respondents Through: Ms. Ritika Sinha, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellant (Petitioner before the learned Single Judge) assails the correctness of the Judgment dated 14.08.2024 [hereinafter referred to as ‘Impugned Order’], whereby the learned Single Judge has adjudicated the issue as to whether, in an International Commercial Arbitration [hereinafter referred to as ‘ICA’], the appointment of an arbitrator by this Court vitiates the resultant Arbitral Award dated 14.02.2012 [hereinafter referred to as ‘Arbitral Award’], if the appointment is in consonance with the arbitration agreement between the parties. Learned Single Judge has unequivocally held that such an appointment does not impair the Signature Not Verified Signed By:JAI NARAYAN Signing Date:06.02.2026 FAO(OS)(COMM) 230/2024 Page 1 of 21 14:57:06 validity of the Arbitral Award. 2. Herein, the Appellant contends that the appointment of the learned sole arbitrator, Hon’ble Justice Anil Dev Singh (Retd.), by this Court was contrary to law, as the arbitration constituted an ICA and, therefore, the power under Section 11(6)1 of the Arbitration and Conciliation Act, 19962, could not have been exercised by this Court. It is asserted that such an appointment, being without authority, vitiated the arbitral proceedings and the Arbitral Award. 3. Accordingly, the issue that fa