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september 2006

Supreme Court of India · 2006-09-13

B.S.N.L. vs M/S. SUBASH CHANDRA KANCHAN

Citation / case number
SC 2006/11719
Court
Supreme Court of India
Petitioner
B.S.N.L.
Respondent
M/S. SUBASH CHANDRA KANCHAN
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the appointment of an arbitrator under the Arbitration and Conciliation Act, 1996, specifically Section 11, which allows for judicial intervention in the appointment process. The Court held that the High Court's appointment of Shri B.C. Bhattacharya as arbitrator was valid despite the earlier appointments and resignations, as the parties had consented to his appointment. The judgment reaffirmed the importance of adhering to the arbitration clause in contracts and the role of the judiciary in facilitating arbitration when parties cannot agree on an arbitrator.

B.S.N.L. vs M/S. SUBASH CHANDRA KANCHAN · Niyam