Supreme Court of India · 2017-08-31
Hrd Corporation (Marcus Oil And ... vs Gail (India) Limited (Formerly Gas ...
- Citation / case number
- AIR 2018 SC (SUPP) 636
- Court
- Supreme Court of India
- Petitioner
- Hrd Corporation (Marcus Oil And ...
- Respondent
- Gail (India) Limited (Formerly Gas ...
- Author
- R.F. Nariman
- Bench
- Sanjay Kishan Kaul, R.F. Nariman
Judgment text excerpt
The Supreme Court addressed the applicability of Sections 12 and 14 of the Arbitration and Conciliation Act, 1996, particularly in light of the 2016 Amendment Act. The Court held that the appointment of arbitrators must comply with the eligibility criteria set forth in the Fifth and Seventh Schedules of the Act, emphasizing that any doubts regarding an arbitrator's independence could invalidate their mandate. The Court ultimately upheld the lower court's decision regarding the arbitration process, affirming the validity of the appointments made despite the challenges raised by the appellant.