Back
V. KAMESWAR RAO
Newton Engineering And Chemicals Limited – Appellant
Versus
Uem India Private Limited – Respondent
JUDGMENT
V. Kameswar Rao, J.
1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 ('Act of 1996'), seeking indulgence of this Court to appoint an Arbitrator for adjudication of disputes which have arisen between the parties herein. Specifically, the instant petition has been filed with the following prayers:-
"In light of the facts and circumstances of the case, it is most humbly prayed that this Hon'ble Court may be pleased to:
a. Allow the present Petition.
b. Appoint an Arbitral Tribunal in the form of Sole Arbitrator, in accordance with Section 11 (4) and 11 (8) of the Arbitration and Conciliation Act, 1996 for reference and adjudication of the claims of the Petitioner as against the Respondent; and
c. Pass any other orders this Hon'ble Court may deem fit."
2. It is stated in the petition that the petitioner is a private limited company registered under the provisions of the Companies Act, 1956 and possesses extensive experience in the field of Project Management, Detailed Engineering, Manufacture and Erection of Equipment, Process Vessel, Tankages, Piping, Electrical and Instrumentation and other similar areas of work. It has its r
The Chief Justice can appoint arbitrators under Section 11 of the Arbitration Act and determine issues of jurisdiction and validity of claims, while disputes over notification receipt are left for re....
The existence of an arbitration agreement under Section 11 requires clear indication of a binding contract, which was absent in this case; the Letter of Intent was merely a precursor to an actual con....
A non-signatory to an arbitration agreement cannot invoke the arbitration clause of the agreement to which it is not a party.
The Court's decision emphasizes the need to examine each agreement independently for the existence of an arbitration agreement, and the importance of demonstrating the intention of the parties regard....
The court found that an arbitration agreement exists between the parties, permitting disputes from multiple MoUs to be addressed in arbitration, emphasizing the limited judicial review role in such m....
The main legal point established is that the existence of an arbitration agreement can be inferred from the exchange of letters and emails between the parties, and the intention to resolve disputes t....
The limited scope of judicial review under Section 11 of the Arbitration and Conciliation Act 1996 confirms that existence of an arbitration agreement alone is examined, without delving into the meri....
The court ruled that allegations of fraud do not negate the enforceability of an arbitration agreement, which operates independently from the underlying contract.
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
