In Brief
SP Singla Constructions was awarded a bridge construction contract by Himachal Pradesh Public Works Department. A dispute arose, and the Chief Engineer appointed the Superintendent Engineer, Arbitration Circle as arbitrator under the contract's arbitration clause. The contractor challenged this appointment before the High Court under Section 11(6) of the Arbitration Act, arguing appointment should be by name, not designation, and that the arbitrator was a government employee barred by the 2015 Amendment Act. The Supreme Court allowed the appeal, holding that once an arbitrator is validly appointed under the contract terms, Section 11(6) cannot be invoked again. Appointment by designation is permissible, and the 2015 Amendment Act does not apply retrospectively to proceedings begun before its enactment. The Court set aside the arbitrator's termination order and directed fresh proceedings.
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