Case Note & Summary
The case involved an arbitration petition filed by Sedco Forex International Drilling Inc against the Oil & Natural Gas Corporation Ltd. The facts were similar to those in a previous arbitration petition, with differences only in the contract date and amount. The court considered the application under section 11(4) of the Arbitration & Conciliation Act, 1996, determining it was maintainable and not premature as argued by the ONGC. Consequently, the court appointed Hon’ble Mrs. Justice Sujata V. Manohar and Hon’ble Mr. Justice V. N. Khare as arbitrators to resolve the disputes. The arbitrators were given the authority to appoint an umpire and set their remuneration terms. The court also granted the parties the liberty to approach the arbitrators regarding the hearing schedule. The arbitration petition was disposed of accordingly.
Headnote
A) Arbitration Law - Appointment of Arbitrators - Maintainability of Application - Arbitration & Conciliation Act, 1996, Section 11(4) - The court found the application under section 11(4) maintainable and not premature, appointing two arbitrators to resolve disputes between the parties. The court directed the arbitrators to appoint an umpire and fix their own remuneration terms (Paras Not mentioned).
Issue of Consideration
Whether the application under section 11(4) of the Arbitration & Conciliation Act, 1996 is maintainable.
Final Decision
The court found the application maintainable and appointed two arbitrators to resolve disputes, allowing them to fix their remuneration and appoint an umpire.
Law Points
- Arbitration
- Conciliation
- Appointment of Arbitrators
- Maintainability of Application
