In Brief
This batch of appeals involved 16 railway construction contracts where contractors sought arbitration for escalation costs and unpaid amounts. The High Court appointed independent arbitrators under Section 11(6) of the Arbitration Act, 1996, invoking amended provisions from 2015. The Supreme Court held that: (1) the 2015 amendments do not apply where arbitration requests predate 23 October 2015; (2) no-claim certificates signed under financial pressure do not bar arbitration; and (3) before appointing an independent arbitrator, courts must first exhaust the contractual appointment procedure. The Court set aside the High Court orders and directed appellant railways to appoint arbitrators per the contract terms.
The lawyer headnote and full judgment text are available to registered users.