| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1996-s.11(6) & 11(12 Arbitration and Conciliation Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Arbitration Petition |
| Court | Supreme Court of India |
| Disposal Nature | Petition Dismissed |
| Headnote | Arbitration and Conciliation Act, 1996 - s.11(6) & 11(12) - Arbitration clause contained in agreement between the parties provided that each party would appoint its arbitrator and two arbitrators so appointed would appoint third arbitrator who shall act as the Presiding Arbitrator - Arbitrators appointed by the parties failed to reach upon a consensus on appointment of the Third/Presiding Arbitrator - Arbitration petition filed by one party before Supreme Court praying for appointment of a retired Judge of Supreme Court or a retired Chief Justice of a High Court as the Presiding Arbitrator - Maintainability of-Held, not maintainable since the arbitration clause explicitly empowered the 'Council of Indian Road Congress' to appoint the Presiding Arbitrator in case arbitrators appointed by the parties failed to appoint Presiding Arbitrator - Appointment of Arbitrators by the Chief Justice of India Scheme, 1996 - Para 2.The Petitioners had entered into an agreement with Respondent for execution of a project for 4-laning of portions of the National Highway 7 in the State of Andhra Pradesh. The agreement contained an arbitration clause providing for settlement of disputes between the parties by an arbitral tribunal consisting of three arbitrators. Each party was required to appoint one arbitrator and the two arbitrators so appointed by the parties were to appoint the third Arbitrator who was to act as the Presiding Arbitrator.Disputes having arisen between the parties, both parties appointed one arbitrator each. However, the arbitrators so appointed could not agree on appointment of the Presiding arbitrator. In the present petition under Section 11(6) and 11(2) of the Arbitration and Conciliation Act, 1996 read with Paragraph 2 of the Appointment of Arbitrators by the Chief Justice of India Scheme, 1996 the Petitioners contended that since they had chosen a. retired Chief Justice of High Court as their Arbitrator, a Judge Senior in rank to him viz. a retired Judge of Supreme Court or a retired Chief Justice of a High. Court should be appointed as the Presiding Arbitrator. |
| Judge | Hon'ble Mr. Justice C.K. Thakker |
| Neutral Citation | 2007 INSC 853 |
| Petitioner | You One Maharia -n Through You One Engineering And Construction Company Ltd. And Anr. |
| Respondent | National Highways Authority Of India |
| SCR | [2007] 9 S.C.R. 177 |
| Judgement Date | 2007-08-21 |
| Case Number | 12 |
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