YOU ONE MAHARIA -JV THROUGH YOU ONE ENGINEERING AND CONSTRUCTION COMPANY LTD. AND ANR. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA

YOU ONE MAHARIA -JV THROUGH YOU ONE ENGINEERING AND CONSTRUCTION COMPANY LTD. AND ANR. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA

The arbitration clause unequivocally designates the Council of Indian Road Congress as the Presiding Arbitrator appointing authority in cases of disagreement between party-nominated arbitrators; thus, the Supreme Court cannot override this contractual mechanism and appoint a Presiding Arbitrator.

Parties
Petitioner: YOU ONE MAHARIA -N THROUGH YOU ONE ENGINEERING AND CONSTRUCTION COMPANY LTD. AND ANR.; Respondent: NATIONAL HIGHWAYS AUTHORITY OF INDIA
Jurisdiction
India
Judgment Date
21 August 2007
Procedural Posture
Arbitration Petition / Disposition on Section 11(6) & 11(12) Arbitration and Conciliation Act, 1996 Petition
Outcome
Petition dismissed
Legal Topics
Appointment of Arbitrators, Interpretation of Arbitration Clauses
Arbitration Appointment of Arbitrators Interpretation of Arbitration Clauses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

YOU ONE MAHARIA -N THROUGH YOU ONE ENGINEERING AND CONSTRUCTION COMPANY LTD. AND ANR.

Petitioner

NATIONAL HIGHWAYS AUTHORITY OF INDIA

Respondent

Procedural Posture

Arbitration Petition / Disposition on Section 11(6) & 11(12) Arbitration and Conciliation Act, 1996 Petition

Legal Issues

  1. 1 Whether the Supreme Court can appoint a Presiding Arbitrator when party-appointed arbitrators fail to agree, under the relevant arbitration clause and Sections 11(6) & 11(12) of the Arbitration and Conciliation Act, 1996

Ratio Decidendi

The arbitration clause unequivocally designates the Council of Indian Road Congress as the Presiding Arbitrator appointing authority in cases of disagreement between party-nominated arbitrators; thus, the Supreme Court cannot override this contractual mechanism and appoint a Presiding Arbitrator.

Court Disposition

Petition dismissed

Orders

  • The application is dismissed; parties to bear their own costs.