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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.

NORTH WESTERN RAILWAY vs M/S ANIL TRADING COMPANY · Niyam