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Supreme Court of India 2021-02-12 allowed

NATIONAL HIGHWAYS AUTHORITY OF INDIA vs M/s. PROGRESSIVE CONSTRUCTION LTD

Bench: 2 — Indu Malhotra, Ajay Rastogi

In Brief

This case concerned a construction dispute between the National Highways Authority of India and Progressive Construction Ltd involving multiple claims and counter-claims. The High Court substantially set aside the original three-member arbitral tribunal's award, finding it had drawn incorrect inferences and ignored vital evidence. Rather than allow the parties to pursue fragmented appeals, the Supreme Court approved their consent to fresh arbitration. Justice G. S. Singhvi (retired Supreme Court Judge) was appointed as sole arbitrator to re-adjudicate all claims comprehensively under Indian Council of Arbitration rules, with power to appoint technical experts. The appointment was made subject to statutory declarations of independence and the mandatory 12-month completion period."

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