Supreme Court of India · 2009-04-17
UNION OF INDIA vs M/S ONKAR NATH BHALLA & SONS
- Citation / case number
- SC 2008/4886
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- M/S ONKAR NATH BHALLA & SONS
- Author
- H.L.Dattu
Judgment text excerpt
The Supreme Court held that the appointment of an arbitrator under the Arbitration and Conciliation Act, 1996, is contingent upon the existence of a dispute. The Court found that the respondent had waived their right to further claims after signing the final bill without protest, as per the conditions of the contract. The Court upheld the High Court's decision to appoint a retired Chief Justice as arbitrator, clarifying that the arbitration clause did not restrict the appointment to only engineers, thus affirming the High Court's order.