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2002 Supreme(Bom) 1263

F.I.REBELLO
GTC Limited – Appellant
Versus
Royal Consulting BV & another – Respondent


Judgment

REBELLO F.I., J.:---By consent heard forthwith.

The questions for determination in this appeal from order arise from two agreements. The first agreement was between the appellant and the respondent No. 1 dated 9-11-2000 and the arbitral agreement dated 9th December, 2000. The second agreement is dated 18-1-2001 between the petitioner and respondent No. 2. Both the agreements contain arbitral clauses. In the agreement between appellant and respondent No. 1 the arbitral clauses reads as under:

"All disputes arisen in connection with this agreement shall be referred to arbitration. The arbitrator shall be appointed by the courts of U.K. Hearing shall take place in London. This agreement shall be governed by U.K. Law."

In so far as agreement dated 18-1-2001 between appellant and respondent No. 2 is concerned, the arbitral clause is contained in Clauses 13 and 15 and they read as under:

"13. If at any time any dispute or question shall arise between the parties to this agreement in connection with this agreement or its validity construction or performance then the same shall be referred to an arbitrator to be agreed upon by the parties and failing such agreement within (15) days o

































































































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