Referred to Larger Bench XXX: Section 12(5) of The Arbitration Act V


Three Judges, on 11.01.2021, in Union of India v. M/s. Tantia Constructions Limited, Special Leave Petition (Civil) 12670 of 2020 prima facie disagreed with Three Judges in Central Organisation for Railway Electrification v. M/s. ECI-SPIC-SMO-MCML (JV), Civil Appeal No. 9486-9487 of 2019.

Three Judges, on 16.08.2022, in JSW Steel v. South Western Railway, Special Leave Petition (Civil) 9462 of 2022 reminded, it would be in fitness of things – if question is resolved at an early date.

Three Judges, on 17.12.2019, in Central Organisation for Railway Electrification had notably held, “High Court was not justified in appointing an Independent Sole Arbitrator ignoring Clauses 64(3)(a)(ii) and 64(3)(b) of General Conditions of Contract [Ministry of Railways, Government of India.”



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