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    <title>2022 (7) TMI 1238 - Supreme Court</title>
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    <description>Where an arbitration agreement names the General Manager of Railways to appoint the sole arbitrator, failure to act after invocation of the clause results in forfeiture of that appointment right, and Section 11(6) empowers the court to appoint the arbitrator. A separate direction under clause 64(3)(b) of the General Conditions of Contract could not stand because those conditions were neither signed nor incorporated into the contract, and a later prospective GCC regime could not govern an earlier agreement. The result was that the dispute had to be referred to a sole arbitrator under the agreed clause.</description>
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      <title>2022 (7) TMI 1238 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=425683</link>
      <description>Where an arbitration agreement names the General Manager of Railways to appoint the sole arbitrator, failure to act after invocation of the clause results in forfeiture of that appointment right, and Section 11(6) empowers the court to appoint the arbitrator. A separate direction under clause 64(3)(b) of the General Conditions of Contract could not stand because those conditions were neither signed nor incorporated into the contract, and a later prospective GCC regime could not govern an earlier agreement. The result was that the dispute had to be referred to a sole arbitrator under the agreed clause.</description>
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      <pubDate>Wed, 27 Jul 2022 00:00:00 +0530</pubDate>
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