Saturday, February 14, 2009

CAN'T DENY ARBITRA- TION ON PROCEDURAL ISSUES: SC

The Supreme Court has ruled that an arbitrator can be appointed to resolve disputes between two parties even though the arbitration agreement between them does not mention the procedure for
such an appointment. The apex court while hearing a plea of Om Construction against a decision of the Gujarat High Court in a case involving the Ahmadabad Municipal Corporation accepted the plea of the construction company, which had said that simply because the procedure for arbitration, as required under section 11(6) of the 1996 Act, had not been agreed upon between the parties, the
appointment of arbitrator cannot be denied.

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