Supreme Court of India · 2019-03-29
NORTH WESTERN RAILWAY vs M/S ANIL TRADING COMPANY
- Citation / case number
- SC 2018/3983
- Court
- Supreme Court of India
- Petitioner
- NORTH WESTERN RAILWAY
- Respondent
- M/S ANIL TRADING COMPANY
- Author
- HON'BLE MR. JUSTICE AJAY RASTOGI
- Bench
- HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE A.M. KHANWILKAR
Judgment text excerpt
The Supreme Court addressed the applicability of the Arbitration and Conciliation (Amendment) Act, 2015, particularly Section 11(6) of the Arbitration and Conciliation Act, 1996, in the context of appointing an independent arbitrator when parties have mutually agreed on a procedure. The Court held that the High Court's appointment of an independent arbitrator was improper as it did not adhere to the agreed procedure under the contract. Consequently, the appeals were allowed, and the High Court's orders were set aside, reinforcing the necessity of following the contractual arbitration process.