HARBANS SINGH TULI AND SONS BUILDERS PVT. LTD. vs UNION OF INDIA

The Supreme Court held that Section 8(1)(a) of the Arbitration and Conciliation Act applies only when the arbitrator is not named in the arbitration agreement. The Court clarified that if the parties have consented to a named arbitrator, the provisions of Section 8 do not apply. The Court dismissed the special leave petition, affirming that the Engineer-in-Chief acted within his rights to appoint an arbitrator as per the contract's clause 70, and there was no forfeiture of the right to appoint an arbitrator by the respondent.