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 Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Arbitration and Conciliation Act, 1996:ss. 11(6), 21 and 25 (a) – Appointment of arbitrator – Contractbetween appellant-contractor and respondent-State – Disputebetween the parties – Contractor requested appointment ofarbitrator – State appointed “Superintendent Engineer, ArbitrationCircle” as the arbitrator in terms of arbitration clause (clause 65of General Conditions of Contract) – Contractor did not participatein arbitration proceedings – The proceedings terminated u/s. 25(a)– Contractor being aggrieved by appointment of the arbitrator, filedpetition u/s. 11(6) before High Court seeking appointment ofindependent arbitrator – High Court dismissed the petition holdingthat grievance against appointment of arbitrator in terms ofagreement, can be by way of petition u/s. 13 and while challengingthe award u/s. 34 and s. 11(6) was not invokable – On appeal,held: The appointment of the arbitrator was as per the arbitrationclause of the contract – Arbitration clauses in government contractsproviding that an employee of the Department will be the solearbitrator are neither void nor unenforceable – Appointment of theSuperintendent Engineer in the present case was not in deviationof the arbitration clause of the contract – Any challenge toappointment of arbitrator ought to have been raised before thearbitrator himself in the first instance – Bar u/s. 12(5) of theAmendment Act of 2015, to appointment of arbitrator by post, wouldnot be applicable to the present case because the Amendment Actitself would not be applicable to the case as the arbitrationproceedings commenced much prior to coming into force ofAmendment Act – When the parties have specifically agreed forappointment of sole arbitrator, it was not proper for the contractorto approach High Court for seeking appointment of independentarbitrator – However, the termination of arbitration proceedings was not correct as no warning was given by the arbitrator to thecontractor before terminating the proceedings – State directed toappoint an arbitrator in terms of arbitration clause – Appellantdirected to file his claim before the arbitrator – Arbitration andConciliation (Amendment) Act, 2015 – ss.12(5) and 26. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 1149 |
Petitioner | Sp Singla Constructions Pvt. Ltd. |
Respondent | State Of Himachal Pradesh And Another |
SCR | [2018] 14 S.C.R. 1005 |
Judgement Date | 2018-12-04 |
Case Number | 11824 |
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