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october 2012

Supreme Court of India · 2012-10-11

HINDUSTAN COPPER LTD. vs MONARCH GOLD MINING CO. LTD.

Citation / case number
SC 2011/28224
Court
Supreme Court of India
Petitioner
HINDUSTAN COPPER LTD.
Respondent
MONARCH GOLD MINING CO. LTD.
Author
R.M. LODHA
Bench
ANIL R. DAVE R.M. LODHA

Judgment text excerpt

The Supreme Court addressed the procedural issues regarding the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996. The Court held that the procedure followed by the Calcutta High Court, involving multiple Designate Judges considering the same application, was not sanctioned by the Act. The Court clarified that once a Designate Judge recognizes the existence of an arbitral dispute, the matter should not be piecemealed but should be referred to a single authority for appointment of an arbitrator, thereby ensuring a coherent process under Section 11(6).

HINDUSTAN COPPER LTD. vs MONARCH GOLD MINING CO. LTD. · Niyam