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Supreme Court of India 2021-09-20 allowed

M/s Laxmi Continental Construction Co vs State of U.P. & Anr

Bench: 2 — M.R. Shah, A.S. Bopanna

In Brief

A construction company and the State of Uttar Pradesh entered into a contract containing an arbitration clause requiring disputes to be resolved by a sole arbitrator. After disputes arose, the Chief Engineer was appointed as sole arbitrator. He retired before completing the arbitration proceedings, but the trial court extended the deadline and he delivered the award. The respondent challenged the award before the High Court, which quashed it on grounds of misconduct. The Supreme Court held that an arbitrator appointed by designation continues to hold office after retirement unless the arbitration clause explicitly provides otherwise. The Court allowed the appeal and restored the award.

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Arbitration Dispute Resolution Administrative Law Contract Interpretation Civil Procedure

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