Supreme Court of India
M.M.T.C. Limited v. Sterlite Industries (india) Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
Accordingly, we direct tbat the chief Justice of the High Court is to appoint the third arbitrator under Section 11 (4) (b) of the New Act in view of the failure of the two appointed arbitrators to appoint the third arbitrator within thiity days from the date of their appointments.
Judgment, page 9
From the headnote
Arbitration and Conciliation Act, 1996: Sections 7, JO (1) and 11 (3). Arbitration agreement-Provided appointment of one arbitrator by each party-The two appointed arbitrators required to appoint a third arbitrator-Act of J 996 became applicable as dispute arose after Act came into force-Held: Arbitration agreement valid~It satisfied requirements of Ss. 7 and 10(1)-And accorded with implied condition contained in para 2 of First Sch. to Arbitration Act, 1940-Hence, third arbitrator had to be appointed to act as presiding arbitrator in accordance with S. 11 (3) Arbitration Act, 1940, First
Where later benches applied it
- 2018 Purushottam S/o Tulsiram Badwaik v. Anil & Ors.
- 2014 Enercon (india) Ltd. & Ors. v. Enercon Gmbh & Anr.
Of those, 1 relied on · 1 referred to
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