Case Comment On AFCONS Infrastructure Limited V. Konkan Railway Corporation Limited ARBP No. 10 Of 2019 (Bombay High Court)

Shruti Singh, B.A.LL.B. (Hons.), Faculty of Law, University of Lucknow

Citation:

ARBP no. 10 of 2019 (Bombay High Court). Judgement pronounced on 2nd June, 2020.

Judge:

Justice N.J. Jamadar

Introduction:

The said case is related to provisions regarding Section 11 and 12 of Arbitration and Conciliation Act, 1966. It was an instant case decided by Bombay High Court. The issues concerning matter were appointment of gazetted railway officers to play the role of arbitrators as per arbitration clause enumerated in contract signed beforehand by the respondent. The question of whether or not such tribunal can preside over arbitration matter arose and Bombay High Court concluded it as violation of provisions laid down in Section 12 read in conjunction with the Fifth and Seventh Schedule of the Arbitration Act, introduced by the Amendment Act, 2015.