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november 2007

Supreme Court of India · 2007-11-12

LARSEN & TOUBRO LTD. vs FERTILIZER & CHEMICALS TRAVANCORE LTD.

Citation / case number
SC 2005/28915
Court
Supreme Court of India
Petitioner
LARSEN & TOUBRO LTD.
Respondent
FERTILIZER & CHEMICALS TRAVANCORE LTD.
Author
ARIJIT PASAYAT
Bench
LOKESHWAR SINGH PANTA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the appointment of an arbitrator under Article 26 of the Standard Conditions was binding and that the Chairman and Managing Director of the respondent company could not be considered an independent arbitrator. The Court reiterated that the provisions of the Special Conditions did not supersede the general conditions regarding arbitration. The appeal was allowed, overturning the High Court's decision that had declined the arbitration request under Section 11 of the Arbitration and Conciliation Act, 1996, affirming that such orders are judicial and not subject to writ petitions under Article 226 of the Constitution.

LARSEN & TOUBRO LTD. vs FERTILIZER & CHEMICALS TRAVANCORE LTD. · Niyam