Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2019

Supreme Court of India · 2019-03-29

NORTH WESTERN RAILWAY GENERAL MANAGER vs M/S SB SHC MCDPL (JV)

Citation / case number
SC 2018/6608
Court
Supreme Court of India
Petitioner
NORTH WESTERN RAILWAY GENERAL MANAGER
Respondent
M/S SB SHC MCDPL (JV)
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 amended provisions of the Arbitration and Conciliation Act, 1996, particularly Section 11(6), in the context of appointing an arbitrator when parties have a mutually agreed procedure. The Court held that the High Court's appointment of an independent arbitrator without adhering to the agreed procedure was improper, thereby reinforcing the sanctity of arbitration agreements. The judgment clarifies that acceptance of payment does not discharge the arbitration agreement unless explicitly stated, emphasizing the need for adherence to contractual terms.

NORTH WESTERN RAILWAY GENERAL MANAGER vs M/S SB SHC MCDPL (JV) · Niyam