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2020 Supreme(SC) 542

S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
Balasore Alloys Limited – Appellant
Versus
Medima LLC – Respondent


Advocates Appeared:
For the Petitioner(s):Pragya Baghel, Advocate
For the Respondent(s):S. N. Mookherjee, Ritin Rai, Shaunak Mitra, Nandini Khaitan, Rajat Jariwal, Anupinder Jassal, Shreya Singh, Aakash Bajaj, Sanjeev Kumar, Advocates

JUDGMENT :

1. The Applicant Balasore Alloys Limited is before this Court in this petition filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996 (‘Act, 1996’ for short) praying that a sole arbitrator be appointed to adjudicate upon all disputes that have arisen between the parties in connection with the 37 purchase orders referred to in the application. Alternatively, it is prayed that the second arbitrator be appointed on account of the failure of the respondent - Medima LLC to nominate an arbitrator in terms of the contracts.

2. The applicant is a manufacturer of High Carbon Ferro Chrome. The applicant and the respondent accordingly, entered into transactions whereby the applicant agreed to supply the High Carbon Ferro Chrome manufactured by them to the respondent for sale of the same in the territory of USA and Canada. Initially an Agreement dated 19.06.2017 limited to the sale of 2000 MT was entered into. Pursuant to such transaction 37 purchase orders were placed by the respondent in favour of the applicant specifying details of the supply to be made under each of the purchase orders. The parties had also entered into an Agreement dat


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