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august 2007

Supreme Court of India · 2007-08-21

YOU ONE ENGINEERING & CONST CO. LTD.&ANR vs NATIONAL HIGHWAYS AUTHORITY OF INDIA

Citation / case number
SC 2006/15127
Court
Supreme Court of India
Petitioner
YOU ONE ENGINEERING & CONST CO. LTD.&ANR
Respondent
NATIONAL HIGHWAYS AUTHORITY OF INDIA
Author
C.K. THAKKER
Bench
C.K. THAKKER

Judgment text excerpt

The Supreme Court, while adjudicating a petition under Section 11(6) and Section 11(12) of the Arbitration and Conciliation Act, 1996, held that the appointment of a third arbitrator is necessary when the two appointed arbitrators cannot agree on a presiding arbitrator. The Court emphasized the importance of adhering to the arbitration clause in the contract and the qualifications of the arbitrators, particularly in technical disputes. The petitioners' request for the appointment of a presiding arbitrator was upheld, ensuring compliance with the arbitration agreement.

YOU ONE ENGINEERING & CONST CO. LTD.&ANR vs NATIONAL HIGHWAYS AUTHORITY OF INDIA · Niyam