UNION OF INDIA vs BESCO LTD.

The Supreme Court held that under Section 11(6) of The Arbitration and Conciliation Act, 1996, the Chief Justice or designated Judge is not strictly bound to appoint an arbitrator as specified in the arbitration agreement if the party has forfeited its right to nominate. The Court clarified that while the designated Judge can nominate an independent arbitrator, they must still consider the qualifications outlined in the arbitration agreement as per Section 11(8). The Court set aside the previous order that deviated from these principles, reinforcing the need for adherence to the arbitration clause unless forfeited.