Back
SUPREME COURT OF INDIA
S.H. KAPADIA, J.
Sedco Forex International Drilling Inc - Petitioner
Versus
The Oil & Natural Gas Corporation Ltd - Respondent
Arbitration Petition 2 of 2006
Decided on : 20-04-2006
Arbitration - Appointment of Arbitrators - The court held that the application under section 11(4) of the Arbitration & Conciliation Act, 1996 preferred by the applicant is maintainable and not pre-mature. Hon'ble Mrs. Justice Sujata V. Manohar (retired) and Hon'ble Mr. Justice V. N. Khare (former CJI) are appointed as Arbitrators to decide all disputes and differences between the parties.
Fact of the Case:
The court found the application under section 11(4) of the Arbitration & Conciliation Act, 1996 to be maintainable and appointed arbitrators to decide disputes between the parties.
Finding of the Court:
The court concluded that the application under section 11(4) is maintainable and appointed arbitrators to resolve the disputes.
Issues: Maintainability of the application under section 11(4) of the Arbitration & Conciliation Act, 1996.
Ratio Decidendi: The court held that the application under section 11(4) is maintainable and not pre-mature, appointing arbitrators to resolve the disputes.
Final Decision: The arbitration petition is accordingly disposed.
JUDGMENT :
S.H. Kapadia, J.
Heard learned counsel on both sides.
2. The facts of this matter are identical to the facts in Arbitration Petition No.1 of 2006 except for the date of contract and the amount. Therefore, it is not necessary for me to reiterate the facts. Suffice it to state, that the application under section 11(4) of the Arbitration & Conciliation Act, 1996 preferred by the applicant is maintainable. It is not pre-mature, as contended on behalf of the ONGC. In the circumstances, Hon'ble Mrs. Justice Sujata V. Manohar (retired) and Hon'ble Mr. Justice V. N. Khare (former CJI) are appointed as Arbitrators to decide all disputes and differences between the parties. The two arbitrators shall appoint an umpire in terms of clause 28.0 of the contract.
3. Learned arbitrators may fix their own terms and conditions as to their remuneration.
4. As far as fixing of date of hearing is concerned, liberty is given to the parties to approach the arbitrators, who will decide the due date according to their convenience.
5. The arbitration petition is accordingly disposed
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
