Case Note & Summary
The petitioner, Sobha Projects and Trade Private Limited, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes arising from a construction contract with the respondent, Gammon India Limited. The contract, executed on 27.09.2013, contained an arbitration clause. The court, after considering the submissions of both parties, found that an arbitration agreement existed and that disputes had arisen between the parties. Accordingly, the court allowed the petition and appointed a sole arbitrator to adjudicate the disputes. The decision was based on the existence of the arbitration clause and the failure of the parties to resolve the disputes amicably.
Headnote
A) Arbitration Law - Appointment of Arbitrator - Section 11(6) Arbitration and Conciliation Act, 1996 - Existence of Arbitration Agreement - The petitioner sought appointment of an arbitrator for disputes arising from a construction contract dated 27.09.2013 containing an arbitration clause. The court found that an arbitration agreement existed and appointed a sole arbitrator to adjudicate the disputes. (Paras 1-2)
Issue of Consideration
Whether an arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996, given the disputes arising from the construction contract between the parties.
Final Decision
The petition is allowed. The court appoints a sole arbitrator to adjudicate the disputes between the parties.
Law Points
- Existence of arbitration agreement
- Appointment of arbitrator under Section 11(6)
- Arbitration and Conciliation Act
- 1996
Case Details
2017 LawText (KAR) (12) 17
Shreyas Jayasimha, K.R. Muralikrishna
Sobha Projects and Trade Private Limited
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Nature of Litigation
Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator.
Remedy Sought
Appointment of a sole arbitrator to adjudicate disputes arising from a construction contract.
Filing Reason
Disputes arose between the parties in the contract for construction of a building at Bengaluru.
Issues
Whether an arbitrator should be appointed under Section 11(6) of the Arbitration and Conciliation Act, 1996?
Submissions/Arguments
Petitioner argued for appointment of arbitrator based on arbitration clause in contract dated 27.09.2013.
Ratio Decidendi
The existence of an arbitration agreement in the contract dated 27.09.2013 and the failure of the parties to resolve disputes amicably warrant the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
Judgment Excerpts
The present petition has been filed by the Petitioner-M/s.Shobha Projects and Trade Private Limited, Bengaluru, against the Respondent-M/s.Gammon India Limited, Mumbai, under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator on account of certain disputes arising between the parties in the contract for construction of building at Bengaluru.
The contract in question which contains the Arbitration Clause between the parties was executed vide Annexure-A dated 27.09.2013.
Procedural History
The petitioner filed C.M.P. No.228/2016 under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator. The court heard the matter and passed the order on 08.12.2017.
Acts & Sections
- Arbitration and Conciliation Act, 1996: Section 11(6)
