Case Note & Summary
The petitioner, Hyund Construction Equipment India Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes arising from two agreements dated 15.06.2015 and 01.07.2015 entered into with the respondents, M/s. Saumya Mining Limited and M/s. Saumya Infraventure Pvt. Ltd. The agreements contained an arbitration clause. The respondents did not appear despite service of notice. The court, presided over by Dr. Neela Gokhale J., considered the petition and found that the agreements existed and contained an arbitration clause. The court held that the petitioner had made out a case for appointment of an arbitrator. Accordingly, the court appointed a sole arbitrator, Justice (Retd.) S. J. Kathawala, to adjudicate the disputes between the parties. The arbitrator was directed to decide the disputes in accordance with law, and the parties were directed to appear before the arbitrator on a specified date.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11 of the Arbitration and Conciliation Act, 1996 - Existence of Arbitration Clause - The petitioner sought appointment of an arbitrator to resolve disputes arising from agreements dated 15.06.2015 and 01.07.2015, which contained an arbitration clause. The court, after noting that the respondents did not appear despite service, found that the agreements existed and contained an arbitration clause. The court appointed a sole arbitrator to adjudicate the disputes. (Paras 1-3)
Issue of Consideration
Whether an arbitrator should be appointed under Section 11 of the Arbitration and Conciliation Act, 1996, given the existence of an arbitration clause in the agreements between the parties.
Final Decision
The court allowed the petition and appointed Justice (Retd.) S. J. Kathawala as the sole arbitrator to adjudicate the disputes between the parties. The arbitrator was directed to decide the disputes in accordance with law, and the parties were directed to appear before the arbitrator on 12.02.2024 at 11:00 a.m.
Law Points
- Section 11 of the Arbitration and Conciliation Act
- 1996
- Appointment of Arbitrator
- Existence of Arbitration Agreement
- Prima Facie Satisfaction
