ACC LIMITED (FORMERLY KNOWN AS THE ASSOCIATED CEMENT CO. LTD.) versus GLOBAL CEMENTS LTD.

ACC LIMITED (FORMERLY KNOWN AS THE ASSOCIATED CEMENT CO. LTD.) versus GLOBAL CEMENTS LTD.

In the absence of any prohibition or debarment in the arbitration agreement, parties may seek appointment of a substitute arbitrator on the death of the named arbitrator, and the arbitration clause survives; the High Court was justified in entertaining the application and appointing a sole arbitrator under Section 11.

Parties
Petitioner: ACC Limited (Formerly Known As The Associated Cement Co. Ltd.); Respondent: Global Cements Ltd.
Jurisdiction
India
Judgment Date
11 June 2012
Procedural Posture
Special Leave Petition (civil) / Dismissal at Supreme Court
Outcome
Special Leave Petition dismissed
Legal Topics
Appointment of Arbitrator, Substitution of Arbitrator, Survival of Arbitration Agreement
Arbitration Appointment of Arbitrator Substitution of Arbitrator Survival of Arbitration Agreement

Case Brief

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Parties

ACC Limited (Formerly Known As The Associated Cement Co. Ltd.)

Petitioner

Global Cements Ltd.

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissal at Supreme Court

Legal Issues

  1. 1 Whether the arbitration agreement survives on the death of the named arbitrators
  2. 2 Whether a substitute arbitrator can be appointed under Section 11 of the Arbitration and Conciliation Act, 1996

Ratio Decidendi

In the absence of any prohibition or debarment in the arbitration agreement, parties may seek appointment of a substitute arbitrator on the death of the named arbitrator, and the arbitration clause survives; the High Court was justified in entertaining the application and appointing a sole arbitrator under Section 11.

Court Disposition

Special Leave Petition dismissed

Orders

  • No reason to grant leave to appeal; petition for special leave to appeal dismissed.