Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996 – ss.11(6) Arbitration and Conciliation Act 12(5) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Arbitration Petition |
Court | Supreme Court of India |
Disposal Nature | Application Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – ss. 11(6), 12(5) –Ministry of Home Affairs floated tender – Applicant’s bid was accepted as per the terms and conditions of the tender which provided for arbitration clause which enabled the Secretary, Ministry of Home Affairs to appoint an officer in the Ministry of Law as the arbitrator – Applicant invoking arbitration, nominated a retired Judge of the High Court as the Sole Arbitrator which as per the respondent was contrary to the Conditions of Tender – Application filed u/s. 11(6) before Supreme Court, held: The arbitration clause in the present case enables a serving employee of the Union of India, a party to the contract, to nominate a serving employee of the Union of India as the Sole Arbitrator – Such arbitration clause clearly falls within the expressly ineligible category provided in Paragraph 1 of Schedule VII, read with s.12(5) of the Act – As the grounds of challenge to the appointment of an arbitrator u/s.12(5) of the Act operate notwithstanding any prior agreement to the contrary, the appointment of an officer of the Ministry of Law and Justice as an arbitrator cannot be given effect to – There is no immunity arising out of Article 299, to support the contention that for contracts expressed to be made by the President of India, the ineligibility of appointment as an arbitrator as contemplated u/s. 12(5) of the Act, read with Schedule VII, will be inapplicable – Application u/s. 11(6) allowed – Constitution of India – Article 299. Constitution of India – Article 299 – Purpose and object of – Discussed – Arbitration and Conciliation Act, 1996. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2023 INSC 568 |
Petitioner | M/s Glock Asia-pacific Ltd. |
Respondent | Union Of India |
SCR | [2023] 6 S.C.R. 717 |
Judgement Date | 2023-04-19 |
Case Number | 51 |
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