AIROnline 2025 SC 944

(A) Arbitration and Conciliation Act (26 of 1996) , S.11(6), S.12(5)— Appointment of arbitrator – Amendment in statute – Effects on arbitration clause – Clause of GCC which governed arbitration mechanism named Managing Director or officer nominated by him to be the arbitrator – By virtue of subsequent amendments in the 1996 Act, Managing Director or officer nominated by him became ineligible by the operation of law – Core of the contract regarding referring the dispute for adjudication to arbitrator would not be rendered nugatory merely because procedure for appointment of arbitrator became inoperative due to amendment in statute – Party would be entitled to apply under S.11(6) of 1996 Act for appointment of arbitrator and court has power to appoint an arbitrator upon filing of such application.

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(B) Arbitration and Conciliation Act (26 of 1996) , S.11(6)— Limitation Act (36 of 1963) , Art.137— Appointment of arbitrator – Application for – Bar of limitation – Period of limitation to file application under S.11(6) of 1996 Act started from 21.04.2018 when final bill raised had become due – Application ought to have been filed within three years from said date i.e. on or before 21.04.2021 – Appl….