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december 2019

Supreme Court of India · 2019-12-17

CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION vs M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY

Citation / case number
SC 2019/28531
Court
Supreme Court of India
Petitioner
CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION
Respondent
M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY
Author
HON'BLE MRS. JUSTICE R. BANUMATHI

Judgment text excerpt

The Supreme Court upheld the High Court's decision to appoint Shri Justice Rajesh Dayal Khare as the sole arbitrator, rejecting the appellant's argument regarding the applicability of General Conditions 64(3)(a)(ii) and 64(3)(b) of the Contract. The Court clarified that the modifications made to the arbitration clause under the Arbitration and Conciliation (Amendment) Act, 2015, were valid and applicable, emphasizing the necessity of adhering to the stipulated procedures for appointing arbitrators. The Court affirmed the High Court's ruling, thereby allowing the arbitration process to proceed as per the modified contractual terms.

CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION vs M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY · Niyam