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august 2009

Supreme Court of India · 2009-08-24

INDIAN OIL CORP.LTD. vs M/S RAJA TRANSPORT(P) LTD.

Citation / case number
SC 2008/32090
Court
Supreme Court of India
Petitioner
INDIAN OIL CORP.LTD.
Respondent
M/S RAJA TRANSPORT(P) LTD.
Author
R. V. Raveendran

Judgment text excerpt

The Supreme Court addressed the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, affirming that the arbitration clause in the agreement mandated the appointment of a specific officer as arbitrator, which is binding on the parties. The Court held that the High Court's appointment of a retired Judge as sole arbitrator was improper as it deviated from the agreed terms of arbitration. Consequently, the Supreme Court set aside the High Court's order and directed adherence to the arbitration clause in the agreement.

INDIAN OIL CORP.LTD. vs M/S RAJA TRANSPORT(P) LTD. · Niyam