Tag Archives: Prescribed Procedure

Appointment of Arbitrator – Under Section 11(6) of the Arbitration and Conciliation Act

Sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 provides that where, under an appointment procedure agreed upon by the parties, (i) a party fails to act as required under that procedure; or (ii) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or (iii) a person including an institution, fails to perform any function entrusted to him or it under that procedure, the appointment of arbitrator(s) is to be made upon an application made by the party concerned. M/s S.K. Industries v. State of U.P., 2021 (145) ALR 190.  

Leave a comment

Filed under Appointment of Arbitrator

Candidate in the Selection Process – Only Accepts the Prescribed Procedure and Not the Illegality

Dr. (Major) Meeta Sahai v. State of Bihar; 2019 SCC OnLine SC 1632, Hon’ble Supreme Court has held as under: “However, we must differentiate from this principle insofar as the candidate by agreeing to participate in the selection process only accepts the prescribed procedure and not the illegality in it. In a situation where a candidate alleges misconstruction of statutory rules and discriminating consequences arising therefrom, the same cannot be condoned merely because a candidate has partaken in it. The constitutional scheme is sacrosanct and its violation in any manner is impermissible. In fact, a candidate may not have locus to assail the incurable illegality or derogation of the provisions of the Constitution, unless he/she participates in the selection process.” Mohan Lal Yaduwanshi v. State of U.P, Service Bench No. – 18370 of 2019, decided on January 13, 2020

Leave a comment

Filed under Prescribed Procedure in Selection Process