A Bench of Justices M. R. Shah and A.S. Bopanna held that in this case, the only qualification for appointment as an arbitrator is that he should be the officer of the rank of the Superintending Engineer or higher. Once such an officer is appointed as an Arbitrator, he continues to be the Sole Arbitrator till the arbitration proceedings are concluded unless he incurs the disqualification under the provisions of the Arbitration Act. Even after his retirement, the arbitration proceedings have to be continued by the same Arbitrator. The Agreement, in the present matter does not provide at all that on the retirement of such an officer, who is appointed as a Sole Arbitrator, he shall not continue as a Sole Arbitrator and/or the mandate to continue with the arbitration proceedings will come to an end.

The Bench further held that it cannot be said that his mandate to continue with the arbitration proceedings would come to an end on his retirement.