In Brief
In a dispute concerning appointment of an arbitrator under the Arbitration and Conciliation Act, 1996, the Supreme Court held that although arbitration agreements should generally be given effect as written, when circumstances justify it—such as concerns about the named arbitrator's independence or unavailability—the Chief Justice or designated Judge may appoint an independent arbitrator instead. In this case, the arbitration clause did not rigidly require a Railway Officer but allowed appointment by the General Manager. The High Court's appointment of an independent arbitrator was therefore permissible. The appeal was dismissed, confirming the designated Judge's decision.
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