Supreme Court of India
Bipromasz Bipron Trading Sa v. Bharat Electronics Limited (bel)
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
In view of the aforesaid observations, it would not be possible to reject the petition merely on the ground that this Court would have no power to make an appointment of an arbitrator other than the Chairman-cum-Managing Director or his designate.
Judgment, page 23
From the headnote
Arbitration and Conciliation Act, 1996: s. 11 (6) - Appointment of arbitrator - Dispute between parties - Petitioner filing petition seeking appointment of independent and impartial arbitrator - Respondent seeking appointment in terms of arbitration agreement which stated that in case of dispute the matter would be arbitrated by the Chairman and Managing Director (GMO) of the respondent or nominee appointed by him - Held: The Supreme Court has power to appoint a person other than the named arbitrator if the relevant facts indicate that the named arbitrator is not likely to be impartial - In
Authorities it was built on
- 1962 Bachhittar Singh v. The State of Punjab
- 2009 Indian Oil Corporation Ltd. & Ors. v. M/s. Raja Transport (p) Ltd.
- 2003 Laxminarayan R. Bhattad and Ors. v. State of Maharashtra and Anr.
- 2008 Northern Railway Administration, Ministry of Railway, New Delhi v. Patel Engineering Company Ltd.
- 2010 Greater Mohali Area Development Authority & Anr. v. Manju Jain. & Ors.
- 2005 Rite Approach Group Ltd. v. M/s. Rosoboronexport
- 2010 Denel (proprietary Limited) v. Bharat Electronics Ltd. & Anr.
- 1991 The Collector of Central Excise, Madras v. M/s. M.M. Rubber & Co. Tamil Nadu
- 2006 National Highways Authority of India and Anr. v. Bumihi Way Dob Ltd. (jv) and Ors.
- 2007 Municipal Corporation of Delhi v. Qimat Rai Gupta & Ors.
- 2006 B.S.N.L. and Ors. v. M/s. Subash Chandra Kanchan and Anr.
Where later benches applied it
- 2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company
- 2022 Ellora Paper Mills Limited v. The State of Madhya Pradesh
Of those, 2 referred to
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