Bharat Sanchar Nigam Limited vs M/S Aksh Optifibre Limited on 23 February, 2026
In the case of
ABB India Ltd. Vs Bharat Heavy Electricals Ltd. [2020 SCC
OnLine Del 2070], arbitration was invoked on the basis of
similar clause in the agreement between the parties and an
Arbitrator was appointed prior to 23.10.2015. However, tenure of
first Arbitrator was terminated and a new Arbitrator was
appointed after 23.10.2015. This appointment of new substitute
Arbitrator was challenged before Delhi High Court, on the
grounds of being hit by S.12 of the amended Act. In the
background of arbitration being initiated under the regime of law
prior to the amendment w.e.f. 23.10.2015, Hon'ble Delhi High
Court examined the law and various judgments given by
Supreme Court, dealing with validity of arbitrator's appointment
subsequent to amendment but in an arbitration-proceedings
already initiated prior to 23.10.2015. Delhi High Court held that
appointment of new Arbitrator was not vitiated on account of
Section 12(5) of the 1996 Act, as inserted by the 2015
Amendment Act.