S.S.NIJJAR
Bipromasz Bipron Trading SA – Appellant
Versus
Bharat Electronics Limited – Respondent
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
State of Punjab v. Amar Singh Harika : AIR 1966 SC 1313
Union of India and Anr. v. M.P. Gupta (2004) 10 SCC 504
Collector of Central Excise, Madras v. M.M. Rubber & Company
Denel (Proprietary) Limited v. Bharat Electronics Limited and Anr. : (2010) 6 SCC 394
Denel (Proprietary) Limited v. Ministry of Defence : (2012) 2 SCC 759
Greater Mohali Area Development Authority and Ors. v. Manju Jain and Ors. : (2010) 9 SCC 157
Indian Oil Corporation Limited and Ors. v. Raja Transport Private Limited : (2009) 8 SCC 520
Laxminarayan R. Bhattad and Ors. v. State of Maharashtra and Anr. : (2003) 5 SCC 413
Municipal Corporation of Delhi v. Qimat Rai Gupta and Ors. : (2007) 7 SCC 309
Northern Railway Administration, Ministry of Railway
Bachhittar Singh v. State of Punjab and Anr. : AIR 1963 SC 395
RITE Approach Group Ltd. v. Rosoboronexport : (2006) 1 SCC 206
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