Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996 – s.12(5) r/w Seventh Schedule – Appointment of Principal Secretary, Government of Haryana as nominee arbitrator of appellant-company (HARSAC), a Nodal Agency of Government of Haryana – Validity of – Held: s.12(5) of the Act (as amended by the 2015 Amendment Act) provides that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties, or counsel, falls within any of the categories specified in the Seventh Schedule, shall be ineligible to be appointed as an arbitrator – s.12(5) read with the Seventh Schedule is a mandatory and non-derogable provision of the Act – Principal Secretary to the Government of Haryana would be ineligible to be appointed as an arbitrator, since he would have a controlling influence on the Appellant-company being a nodal agency of the State – In exercise of powers u/s.29A(6) of the Act (as amended), a former judge of Supreme Court, appointed as the substitute arbitrator, who shall conduct the proceedings in continuation from the stage arrived at, and pass award within 6 months. |
Judge | N/A |
Neutral Citation | 2021 INSC 33 |
Petitioner | Haryana Space Application Centre (harsac) & Anr. |
Respondent | M/s Pan India Consultants Pvt. Ltd. |
SCR | [2021] 1 S.C.R. 282 |
Judgement Date | 2021-01-20 |
Case Number | 131 |
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