Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2017 (3) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 1944 - SUPREME COURTNomination of an Arbitrator - whether the Chief Justice of a High Court or any person or institution designated by him, while exercising power under Section 11(6) of The Arbitration and Conciliation Act, 1996 is bound to nominate an arbitrator as specified in the agreement for arbitration? - HELD THAT:- The issue is no more res integra. Though an arbitrator is specified in the agreement for arbitration, if circumstances so warrant, the Chief Justice or the designated Judge is free to appoint an independent arbitrator, having due regard to the qualification, if any, and other aspects as required under Section 11(8) of the Act. On the facts of the present case, one wonders whether the issue actually arose or not. Clause 2900 of the Standard Conditions of Contract no doubt provides that the sole arbitrator shall be a Gazetted Railway Officer but in Clause 19.0 of the agreement dated 16.01.2012 executed between the parties, it is clearly stipulated that the contract shall be governed by the General Conditions and Special Conditions of Contract. Thus, it is clear that there is no stipulation for appointment of a Railway Officer. It can be any person. The designated Judge of the High Court has only exercised his powers in terms of the agreement by nominating an independent arbitrator. There are no merit in this appeal and the same is accordingly dismissed.
|