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february 2009

Supreme Court of India · 2009-02-26

UNION OF INDIA vs M/S. SINGH BUILDERS SYNDICATE

Citation / case number
SC 2006/17500
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S. SINGH BUILDERS SYNDICATE

Judgment text excerpt

The Supreme Court upheld the High Court's decision to appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, despite the appellant's contention that the arbitration should follow Clause 64 of the contract requiring two serving Gazetted Railway officers. The Court emphasized that while arbitration agreements must generally be adhered to, exceptions can be made when delays and procedural hurdles render the original agreement impractical. The appointment of a sole arbitrator was deemed necessary to expedite the arbitration process, which had been stalled since 1999 due to the appellant's inaction.

UNION OF INDIA vs M/S. SINGH BUILDERS SYNDICATE · Niyam