Supreme court in the case of Union of India v. BESCO Ltd. [Civil Appeal
No.4483 of 2017], while examining the issue as to whether the Chief Justice of a
High Court or any person or institution designated by him, while exercising power
under Section 11(6) of the Arbitration and Conciliation Act, 1996 is bound to
nominate an arbitrator as specified in the agreement for arbitration, it was held that
“though an arbitrator is specified in the agreement for arbitration, if circumstances so
warrant, the Chief Justice or the designated Judge is free to appoint an independent
arbitrator, having due regard to the qualification, if any, and other aspects as
required under Section 11(8) of the Act.”[On 27th March, 2017]