- (1.)Through the instant applications, a prayer has been made for appointing the third arbitrator, who shall be the Chairman of the international commercial arbitral proceedings between the parties. Learned Solicitor General of India representing the Union of India states, that he would have no objection, if the nominated third arbitrator, is a person who has been a Judge of a Court. It is also submitted, that subject to the above preference, the Respondent has no objection to any nomination that may be made by this Court. A long list of names has been handed over to me during the course of hearing. From the list, I nominate the Hon'ble Michael Kirby AC CMG as the third arbitrator, who shall be the Chairman of the international commercial arbitral proceedings between the parties. Keeping in view the urgency of the matter, prior consent of the third arbitrator was not obtained. The nomination has been made under the belief that third arbitrator, nominated hereinabove, shall not disappoint the parties, by declining to accept the responsibility vested in him.
(2.)Interlocutory application No. 2 of 2014 in Arbitration Petition No. 27 of 2013 and Arbitration Petition No. 20 of 2014 stand disposed of in the above terms.