Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2015

Supreme Court of India · 2015-09-04

Huawei Technologies Co. Ltd vs Sterlite Technologies Ltd

Court
Supreme Court of India
Petitioner
Huawei Technologies Co. Ltd
Respondent
Sterlite Technologies Ltd
Author
Ranjan Gogoi
Bench
Ranjan Gogoi

Judgment text excerpt

The Supreme Court addressed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of a sole arbitrator after the initially appointed arbitrator recused himself. The Court held that under Section 15(2) of the Act, a substitute arbitrator must be appointed according to the rules applicable to the original appointment, which in this case refers to the provisions in the Supply Contract. The Court emphasized that since there were no institutional rules governing the arbitration, the appointment must follow the contractual provisions, thereby allowing the petitioner to seek a new arbitrator as per the contract's stipulations.

Huawei Technologies Co. Ltd vs Sterlite Technologies Ltd · Niyam