Case Synopsis

Hindustan Construction Company Ltd. vs Bihar Rajya Pul Nirman Nigam Limited & Others

Citation: 2025 INSC 1365

Synopsis Headline: Pro-Arbitration Paradigm: Supreme Court Upholds Severability and Censures Review of Section 11 Orders

Synopsis: The Supreme Court, championing a pro-arbitration stance, ruled that a unilateral and exclusionary arbitrator appointment clause in a contract is severable. The core agreement to arbitrate remains valid and enforceable. It categorically held that a High Court cannot review its own order appointing an arbitrator under Section 11 of the A&C Act, as the statute provides no such power and mandates minimal judicial intervention. The Court also distinguished between the strict waiver requirements for arbitrator ineligibility and waiver by conduct for procedural objections.

Legal Review and Analysis of  Hindustan Construction Company Ltd. vs Bihar Rajya Pul Nirman Nigam Limited & Others

1. Bench Details and Case Citation

Case Title: Hindustan Construction Company Ltd. vs Bihar Rajya Pul Nirman Nigam Limited & Others
Citation: 2025 INSC 1365 (Reportable)
Court: Supreme Court of India
Jurisdiction: Civil Appellate Jurisdiction
Coram: Justice J.B. Pardiwala and Justice R. Mahadevan
Date of Judgment: November 28, 2025

2. Relevant Laws and Legal Provisions

The judgment extensively interprets and applies the following key provisions of the Arbitration and Conciliation Act, 1996 (A&

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