VidhiSangh

Supreme Court of India · 31/08/2017

HRD CORPORATION (MARCUS OIL AND CHEMICAL DIVISION) versus GAIL (INDIA) LIMITED (FORMERLY GAS AUTHORITY OF INDIA LTD.)

[2017] 11 S.C.R. 857 · 2017 INSC 838

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Summary

The Court distinguished statutory arbitrator ineligibility under Section 12(5) and the Seventh Schedule from factual doubts under the Fifth Schedule. It upheld the challenged appointments: one unrelated arm’s-length legal opinion did not establish the advisory relationship alleged, and an earlier arbitral award was not prior involvement in the present dispute within Item 16. Fifth-Schedule challenges remained available after the award through Section 34.

Issues

  1. How Seventh-Schedule ineligibility differs procedurally from Fifth-Schedule doubts.
  2. Whether an unrelated legal opinion or earlier arbitral appointment established the asserted ineligibility.
  3. Whether the additional disclosure objections justified interference.

Provisions considered

Held

Result

Appeals dismissed; appointments upheld, with Fifth-Schedule challenges left for the prescribed post-award remedy.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 857.