In Brief
The Union of India and Glock Asia-Pacific Ltd. entered into a contract for supply of Glock pistols. When disputes arose, the applicant sought to appoint a retired High Court judge as sole arbitrator. The respondent objected, citing Clause 28 requiring appointment of a serving Ministry of Law officer. The Supreme Court held that such clause violates Section 12(5) of the Arbitration and Conciliation Act, which prohibits appointment of persons with relationships to the parties. A serving government employee cannot appoint another serving employee as sole arbitrator. Contracts in the President's name receive no exemption from statutory eligibility requirements. The Court appointed a retired Supreme Court judge as sole arbitrator instead.
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