In Brief
The appellant contractor challenged the appointment of a Superintendent Engineer as arbitrator under a construction contract clause, contending the appointment was by designation rather than by name and violated Section 12(5) of the 1996 Act (as amended 2015). The Court held that the arbitration clause expressly permitted appointment by designation, that the amended provisions did not apply retrospectively to pre-2015 agreements unless parties expressly agreed, and that challenges to arbitrator appointments should first be raised before the arbitrator. The Court set aside the termination of arbitral proceedings and remitted the matter for fresh arbitration, allowing the appeal partly.
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