In SMS Limited v. Rail Vikas Nigam Limited [16], the Court reiterated that a panel being maintained with the vast majority of the persons being connected with the said Public Sector Undertaking and/or its affiliates as also lacking persons with legal and accountancy backgrounds etc. could not to be said to be a 'broad-based' panel in terms of the judgment of the Supreme Court in Voestalpine Schienen GMBH v. DMRC [17] and the party seeking arbitration could not be forced to appoint an arbitrator from such a panel.