Supreme Court · 1996 INSC 1318 · Decided 18 November 1996
M.M.T.C. Limited v. Sterlite Industries (India) LTD.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1318 · [1996] SUPP. 8 S.C.R. 676
- Case number
- CIVIL APPEAL No. 12736/1996
- Decided
- 18 November 1996
- Bench
- J.S. VERMA, B.N. KIRPAL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 7, 11(3)
Headnote
Arbitration and Conciliation Act, 1996: Sections 7, JO (1) and 11 (3). Arbitration agreement-Provided appointment of one arbitrator by C each party-The two appointed arbitrators required to appoint a third arbitrator-Act of J 996 became applicable as dispute arose after Act came into force-Held: with implied condition contained in para 2 of First Sch. to Arbitration Act, 1940-Hence, third arbitrator had to be D appointed to act as presiding arbitrator in accordance with S. 11 (3)­ Arbitration Act, 1940, First Sch. para. 2. The respondent claimed that it had not received certain dues
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