Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Siemens Factoring Private Limited, Rep By Its Authorised Signatory – Appellant
Versus
ABB India Limited, Rep By Its Managing Director – Respondent
| Table of Content |
|---|
| 1. petitioner seeks appointment of an arbitrator. (Para 1) |
| 2. details of the agreement and obligations. (Para 2 , 3 , 4) |
| 3. petitioner invokes arbitration due to non-payment. (Para 5 , 6 , 7) |
| 4. summary of parties' arguments on assignment. (Para 9 , 10) |
| 5. court examines necessity of translab's involvement. (Para 11 , 12 , 13 , 14 , 15) |
| 6. conclusion: no arbitrator appointed due to missing translab. (Para 16) |
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioner is before this Court seeking for the following reliefs:
“1. This Hon’ble Court be pleased to appoint Mr. Tushar Shah, Advocate or any other judicial person to act as an Arbitrator for the efficacious and speedy resolution of the disputes between the parties as provided under Clause 16 of the Said Agreement dated 28th June 2021, vide Annexure-A.
2. Pass any other order that this Hon’ble Court may deem fit in the interest of justice.”
2. The Respondent, being in the business of automation technology that manufactures market transformers, had entered into a master rental agreement dated 28.06.2021 with Translab Equipment Solution Private Limited (‘Translab’ for short) for providing parking services/deliverables and equipment at
An arbitration clause is binding only if all necessary parties are present; without the performance of obligations by Translab, the Petitioner cannot claim receivables or invoke arbitration.
An arbitrator's appointment must adhere to the agreed procedure; failure to do so renders the appointment invalid under Section 11(6) of the Arbitration Act.
Appointment of a sole arbitrator to adjudicate disputes in accordance with the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
The court emphasized the necessity for impartiality in arbitration, ruling that automatic appointments of arbitrators undermined the arbitration clause, rendering the award invalid.
The court must dismiss a petition for arbitration if the arbitration clause is not properly invoked as specified in the agreement.
A party must first invoke all prescribed pre-arbitration mechanisms defined in their contract, including consultations with an Architect, before seeking judicial appointment of an arbitrator under th....
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
