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july 2017

Supreme Court of India · 2017-07-03

TRF LTD vs ENERGO ENGINEERING PROJECTS LTD

Citation / case number
SC 2016/23898
Court
Supreme Court of India
Petitioner
TRF LTD
Respondent
ENERGO ENGINEERING PROJECTS LTD
Author
THE CHIEF
Bench
HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed the applicability of Section 11(6) of the Arbitration and Conciliation Act, 1996, determining that a person disqualified by law cannot nominate an arbitrator. The Court held that statutory disqualification of a nominated arbitrator can be raised in an application under Section 11(6), affirming the High Court's jurisdiction in such matters. The ruling clarified the interpretation of eligibility criteria for arbitrators under the amended Act, particularly in light of Section 12(5) and the associated Schedules.

TRF LTD vs ENERGO ENGINEERING PROJECTS LTD · Niyam