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C. HARI SHANKAR
National Research Development Corporation An Enterprises Of Department Of Scientific Industrial Research Ministry Of Science And Technology Government Of India & Anr – Appellant
Versus
Saveer Biotech Ltd – Respondent
JUDGMENT
C .Hari Shankar, J.
ARB.P. 289/2020
1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("1996 Act"), to appoint an arbitrator to arbitrate on the disputes between the parties.
2. Mr. Sanjay Sudan, the Director of the respondent, who appears in person, submits that he has no objection to the disputes being referred to arbitration.
3. The arbitration clause in the agreement executed between the parties reads as under:
"15. ARBITRATION AND JURISDICTION
(a) If any dispute or difference arises between the parties hereto as to the construction, interpretation, effect and implication of any provision of this Agreement Including the rights or liabilities or any claim or demand of any Party (or its extent) against other party or its sub-contractor or in regard to any matter under these presents but excluding any matters, decisions or determination of which is expressly provided for in this Agreement such disputes or differences shall be referred to the sole arbitration of the Secretary of Department of Legal Affairs, Govt. of India or his nominee. A reference to the arbitration under this clause shall be deemed to be submission within the meaning of
The appointment of an arbitrator is based on the arbitration clause in the agreement, which governs the process for resolving disputes between the parties.
The court affirms the validity of the arbitration agreement and appoints an arbitrator as the parties consented to resolve disputes via arbitration.
The court appointed an arbitrator to resolve disputes as per the arbitration clause in the agreement, emphasizing that the parties are bound to arbitrate their disagreements.
Appointment of an arbitrator in instances where the respondent does not object to arbitration is valid under the Arbitration and Conciliation Act, emphasizing the importance of efficient dispute reso....
The court's decision emphasized the appointment of an arbitrator and the allowance of all contentions to be urged and contested in the arbitral proceedings.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
The court's decision was based on the provisions of the Arbitration and Conciliation Act, 1996, and the appointment of the arbitrator was in accordance with the legal framework provided by the Act.
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