VidhiSangh

Supreme Court of India · 19/05/2023

M/S GLOCK ASIA-PACIFIC LTD. versus UNION OF INDIA

[2023] 6 S.C.R. 717 · 2023 INSC 568

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Summary

The Court appointed an independent sole arbitrator in a dispute under a Union government supply contract. Expressing the contract in the President’s name did not exempt it from statutory arbitrator-ineligibility rules. The clause allowing a serving Union employee to appoint another serving Union employee as sole arbitrator conflicted with Section 12(5) and the Seventh Schedule.

Issues

  1. Whether a contract expressed in the President’s name was immune from Section 12(5) of the Arbitration Act.
  2. Whether the contractual appointment of a serving government officer as sole arbitrator could be enforced.
  3. Whether the precedent concerning a panel of retired railway officers governed this appointment.

Provisions considered

Held

Result

Section 11(6) application allowed. Justice Indu Malhotra, former Judge of the Supreme Court, appointed sole arbitrator, subject to mandatory Section 12 disclosures.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 717.