GENERAL MANAGER NORTH WESTERN RAILWAY vs M/S S.K. CONSTRUCTION

The Supreme Court addressed the applicability of the amended provisions of the Arbitration and Conciliation Act, 1996, specifically Section 11(6), in the context of appointing an independent arbitrator when parties have a mutually agreed procedure. The Court held that the High Court's appointment of an independent arbitrator was unjustified as it did not adhere to the agreed procedure outlined in the contract. The judgment clarified that acceptance of payment under protest does not discharge the arbitration agreement, thereby upholding the necessity for adherence to the contractual arbitration process.