Supreme Court of India
Denel (proprietary Limited) v. Bharat Electronics Ltd. & Anr.
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.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that a person being an employee of one of the parties (which is the State or its instrumentality) cannot per se be a bar to his acting as an arbitrator.
Judgment, page 8
From the headnote
Arbitration and Conciliation Act, 1996 - s. 11 (6) - Dispute between parties regarding payment of certain amounts towards Purchase Orders - Arbitration clause of the agreement specifying 'Managing Director' of respondent company to be arbitrator - Petition for appointment of arbitrator - Held: Generally court not to interdict appointment of an arbitrator, chosen by the parties under the terms of the contract - In the peculiar facts of the case, it is in the interest of both the parties to appoint an arbitrator other than the Managing Director of the respondent-Company - Retired Judge of
Where later benches applied it
- 2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company
- 2017 Aravali Power Company Pvt. Ltd. v. Mis. Era Infra Engineering Ltd.
- 2012 Bipromasz Bipron Trading Sa v. Bharat Electronics Limited (bel)
Of those, 3 referred to
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