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Case details
| Lead case reference on official PDF cover | CIVIL APPEAL NO.18 OF 2019 |
|---|---|
| Caption / parties as listed | Bangladesh Rural Electrification Board (BREB) Vs. Bangladesh Energy Regulatory Commission (BERC), represented by the Chairman, Dhaka and others |
| Court | Supreme Court of Bangladesh — Appellate Division |
| Case reference year | 2019 |
| Court website upload date | 2023-06-18 |
| Original index reference | Civil Appeal /2019 |
Additional reference in the official index
(CIVIL APPEAL NO.18 OF 2019 WITH CIVIL APPEAL NOS.19-20 OF 2019 From the judgment and order dated 17.08.2017 passed by the High Court Division in Writ Petition Nos.11992-11994 of 2016)
Court index description
While considering the question whether the arbitral procedure prescribed in the agreement for reference to a named arbitrator can be ignored, it is also necessary to keep in view of Section 43 of the Arbitration Act, 2001 which provides that an arbitral award may be set aside by the court if the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. The legislative intent is that the parties should abide by the terms of the arbitration agreement if the arbitration agreement provides for arbitration by a named Arbitrator, the court should normally give effect to the provisions of the arbitration agreement.
The date above is the court website’s upload date. Read the official document for the full decision.