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.