In Brief
HARSAC, a Government of Haryana agency, appointed a Principal Secretary as its nominee arbitrator in a dispute with Pan India Consultants over contract performance. After over 4 years without an award despite the tribunal expressing readiness to pronounce it, the High Court granted a further 4-month extension. The Supreme Court held the Principal Secretary's appointment void under Section 12(5) of the Arbitration Act 1996, as a government officer controlling a party entity cannot arbitrate. Rather than extend the invalid tribunal, the Court substituted it with a retired Supreme Court Judge as sole arbitrator to complete proceedings within 6 months.
The lawyer headnote and full judgment text are available to registered users.