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The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
In the facts of this case, there is no reference to the Circular whereby the arbitration clause has been incorporated in the contract between the parties. It is true that the policy decision in terms of the Circular is to make arbitration a mechanism for dispute resolution both in cases of existing and future contracts.
“A repealed provision will cease to operate from the date of repeal and the substituted provision will commence to operate from the date of its substitution.”
Rajasthan High Court held that retiral benefits are earned by employees for their services and should not be deprived due to non-job-related legal matters.
Calcutta High Court: While deciding a review petition, Debangsu Basak, J. held that the court while exercising powers under Section
Orissa High Court: S. Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to
by Hiroo Advani† and Manav Nagpal††
Supreme Court: “Construction workers do not assist only in building infrastructure, but they also assist in building the nation, in their own