Case Note & Summary
The dispute arose in the context of arbitration proceedings initiated by E-Freight International LLC against Mukhtar Mahamud Shaikh. The parties involved agreed on the appointment of Justice B.N. Srikrishna, a former Judge of the Supreme Court of India, as the Arbitrator to resolve their disputes. During the hearing, both parties' counsels expressed their consent for this appointment. The court acknowledged this agreement and directed that Justice Srikrishna would fix his own terms and conditions for the arbitration process. The court also noted that all contentions, including any counterclaims, would remain open for future consideration. Consequently, the Arbitration Petition was disposed of, reflecting the parties' mutual agreement on the appointment of the Arbitrator and the procedural aspects of the arbitration process.
Headnote
A) Arbitration - Appointment of Arbitrator - Justice B.N. Srikrishna appointed as Arbitrator - Arbitration and Conciliation Act, 1996 - The parties agreed on the appointment of Justice B.N. Srikrishna as Arbitrator, who will determine his terms and conditions. The court disposed of the petition while keeping all contentions, including counterclaims, open for consideration. Held that the appointment was in accordance with the parties' agreement (Paras Not mentioned).
Issue of Consideration
Whether Justice B.N. Srikrishna should be appointed as Arbitrator in the arbitration proceedings.
Final Decision
The Supreme Court appointed Justice B.N. Srikrishna as Arbitrator in the arbitration proceedings and directed him to fix his terms and conditions. The court disposed of the petition while keeping all contentions, including counterclaims, open for future consideration.
Law Points
- Arbitration
- Appointment of Arbitrator
- Terms and Conditions
- Open Contentions
