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As per case facts, the appellant, a construction company, had a dispute under their contract's arbitration clause. After the Chief Engineer appointed a departmental arbitrator, the appellant challenged this in
...High Court, seeking an independent arbitrator, and failed to file their claim in the ongoing arbitration. The High Court dismissed their petition, upholding the initial appointment. The question arose whether the appellant could challenge the departmental arbitrator's appointment and if the Arbitration Amendment Act, 2015, applied retrospectively to disqualify such an arbitrator. Finally, the Supreme Court ruled that since the arbitration began before the 2015 Amendment Act and the agreement's clause did not constitute an explicit agreement for the amended Act to apply, the Act's disqualification clauses weren't applicable. However, to ensure justice, the Court set aside the termination of arbitration proceedings and directed the Chief Engineer to appoint a new arbitrator under the original contract terms, allowing the appellant to present their claims.
Bench
Applied Acts & Sections
Section 11
–The Arbitration And Conciliation Act, 1996
Section 13
–The Arbitration And Conciliation Act, 1996
Section 23
–The Arbitration And Conciliation Act, 1996
Section 25
–The Arbitration And Conciliation Act, 1996
Section 34
–The Arbitration And Conciliation Act, 1996
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