“Having taken note of the Arbitration Clause existing in two different set of documents between the same parties relating to the same transaction, in order to harmonize or reconcile and arrive at a conclusion as to which of the Arbitration Clauses would be relevant in the instant fact, it would be necessary for us to refer to the manner in which the Arbitration Clause was invoked and the nature of the dispute that was sought to be resolved through Arbitration.”

– Three-Judge Bench, Balasore Alloys Limited v. Media LLC, (2020) 9 SCC 136.

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My Lord, Department Officer, appointed as Arbitrator considering Arbitration Clause, can continue Arbitration Proceedings on Retirement?

Yes.

Arbitration Clause does not provide Arbitration Proceedings will come to an end. Identical question came to be considered in Himalayan Construction Co. v. Executive Engineer, Irrigation Division, J&K, (2001) 9 SCC 359.

– Hon’ble Justice M.R. Shah, M/s. Laxmi Continental Construction Co. v. State of U.P., [Civil Appeal No. 6797 of 2008] decided on 20.09.2021.

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A legal dispute that lingers for years over mere mode of adjudication, before even touching merits, is akin to a traveller stranded at a crossroads endlessly debating which path to take. This willful and wanton wastage of judicial time is a practice that is highly deplorable. It is high time, Arbitration Clauses are worded with piercing precision and clarity and are not couched in ambiguous phraseology. We would, in fact, take this opportunity to advise, if not caution and warn, legal fraternity against engaging in such practices which result in a criminal wastage of precious judicial time. Indeed, their professional credentials will not earn any stripes if they indulge in such juggling of words. We would complementarily urge Courts to invoke suo moto powers in appropriate cases.

– Hon’ble Justice Surya Kant, South Delhi Municipal Corporation of Delhi v. SMS Limited, [Special Leave Petition (Civil) No. 16913 of 2017] decided on 15.05.2025.