Published on: November 13, 2023 at 00:20 IST
Court: Supreme Court of India
Citation: Durga Welding Works V. Railway Electrification (2022)
Honourable Supreme Court of India has held when a petition is preferred before the Hon’ble High Court for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 then the parties forfeit their right to appoint an arbitrator under the clause of arbitration.
15. In our considered view, so far as the question of law is concerned, certainly being settled that after the application has been filed for appointment of an arbitrator under Section 11(6) of the Act, before the High Court the respondents forfeited their right to appoint an arbitrator under the clause of arbitration thereafter but from the narration of facts which has been noticed by us, we are of the view that no error was committed by the High Court in dismissing the petition filed under Section 11(6) of the Act for appointment of an arbitrator by an order dated 26-7-2019.
Drafted By Abhijit Mishra