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2009 Supreme(Online)(SC) 156

SUPREME COURT
, CJ
Indian Oil Corporation Ltd. and Others v. M/s Raja Transport (P) Ltd.


Table of Content
1. leave granted for appeal against appointment of arbitrator. (Para 1)
2. background of dispute concerning dealership termination and arbitration clause. (Para 2 , 3 , 4 , 5 , 6 , 7)
3. rival contentions regarding arbitrator appointment. (Para 8)
4. validity of appointing employee as arbitrator discussed. (Para 9 , 10)
5. differentiation of old and new act provisions on arbitrator independence. (Para 11 , 12)
6. no bar for employee arbitrator in state contracts. (Para 13)
7. conditions for apprehension of bias in employee arbitrators. (Para 14 , 15)
8. calls for reconsideration of employee arbitrators in light of bias concerns. (Para 16)
9. procedural requirements for appointing arbitrators outlined. (Para 17 , 18 , 19)
10. respondent's failure to act under arbitration agreement discussed. (Para 20 , 21)
11. invalid demand for independent arbitrator against arbitration agreement. (Para 22 , 23)
12. final decision to reverse previous order and appoint named arbitrator. (Para 24 , 25)

1. Leave granted. This appeal by special leave is filed against the order dated 26.9.2008 of the learned Chief Justice of the Uttaranchal High Court, in a petition filed by the respondent herein, u
































































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