UNION OF INDIA vs M/S BALAJI BUILDERS AND DEVELOPERS

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 justified despite the parties' agreement, as the appellants failed to appoint an arbitrator as per the contract. The judgment clarifies the interpretation of arbitration agreements under the amended Act, reinforcing the need for adherence to agreed procedures unless there is a failure to act by one party.