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2012 Supreme(SC) 368

S.S.NIJJAR
Bipromasz Bipron Trading SA – Appellant
Versus
Bharat Electronics Limited – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K.V. Vishwanathan, Sr. Adv., M.R. Shamshad, Vivek Vishnoi, Abhishek Kaushik, Zaki Ahmad Khan, Adeeba Mujahid, Advs.
For Respondents/Defendant: S.N. Bhat, Ravi Panwar and Poornima, Advs.

ORDER

Surinder Singh Nijjar, J.

1. In this petition, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act") read with paragraphs 2 and 3 of the appointment of the Arbitrators by the Chief Justice of India Scheme, 1996, the Petitioner seeks reference of the disputes to an independent and impartial sole Arbitrator. In terms of the arbitration agreement, the Petitioner has issued the necessary notice and the Respondent has not agreed for such appointment of an independent arbitrator.

2. It appears that the Respondent is not opposing the petition on the ground that the disputes cannot be referred to arbitration. The only objection raised by the Respondent is that the disputes have to be referred to the Chairman and Managing Director of the Respondent or his nominee, in terms of the arbitration Clause 10 of General Terms and Conditions of Purchase Order (Foreign). The aforesaid arbitration clause reads as under:

Arbitration - All disputes regarding this order shall be referred to B E L Chairman & Managing Director or his nominee for arbitration who shall have all the powers conferred by the Indian Arbitration & Conciliation Bill

































































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