Supreme Court of India · 2016-07-25
UNION OF INDIA vs PREMCO - DKSPL (JV) .
- Citation / case number
- SC 2014/28103
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- PREMCO - DKSPL (JV) .
- Author
- SHIVA KIRTI SINGH
- Bench
- R. BANUMATHI SHIVA KIRTI SINGH
Judgment text excerpt
The Supreme Court examined the legality of the Gauhati High Court's order under Section 11 of the Arbitration and Conciliation Act, 1996, which appointed an arbitrator after determining that the appellants forfeited their right to appoint railway officers as arbitrators per clause 64(3)(a)(ii) of the agreement. The Court held that the High Court misinterpreted the relevant clause, emphasizing that the right to appoint an arbitrator is not forfeited merely due to the expiry of the notice period without a response. The appeal was allowed, setting aside the High Court's order and reinforcing the need for adherence to the stipulated arbitration process.