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CHANDRA DHARI SINGH
Intech Brinechem Limited – Appellant
Versus
De Dietrich Process Systems India Pvt. Ltd. – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)--The instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act") has been filed on behalf of the petitioner seeking the following reliefs:
"a) Pass appropriate orders to appoint an Arbitrator to adjudicate the disputes between the petitioner and the Respondent.
b) pass any such order or orders as this Hon'ble Court may deem fit proper in the interest of justice, equity and fair play."
2. The petitioner, i.e., M/s Intech Brinechem Limited is a company incorporated under the provisions of the Companies Act, 1956 having its registered office at Plot No.27, Sector-34, Gurugram-122004 and the respondent, i.e., M/s DE Dietrich Process Systems India Pvt. Ltd. is a company duly incorporated under the provisions of the Companies Act, 1956 having its registered office at AWFIS, Inspire BKC, Unit No.4, 3rd Floor, Main Road, G Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051. The respondent is engaged in the business of detailed engineering, manufacturing and supply of plants related equipment and the petitioner company is in the process of setting up a green field plant of Bromine Extraction at
The main legal point established in the judgment is that the resolution of disputes by arbitration is a matter of agreement between the parties and should not be hindered by formal and procedural tec....
The pre-arbitration procedures under the arbitration clause are not always mandatory, and the court may refer disputes to arbitration if the requisites of arbitrability and notice under the Arbitrati....
The main legal point established in the judgment is the importance of party autonomy in arbitration, the enforceability of the entire arbitration clause, and the conditional acceptance of arbitration....
A non-signatory to an arbitration agreement cannot invoke the arbitration clause of the agreement to which it is not a party.
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....
The court must dismiss a petition for arbitration if the arbitration clause is not properly invoked as specified in the agreement.
The main legal point established in the judgment is that the appointment of an independent sole arbitrator is necessary, and the refusal of the petitioner to participate in conciliation proceedings d....
Only a party to the arbitration agreement can challenge the appointment of an arbitrator under Section 12 of the Arbitration and Conciliation Act, 1996.
An arbitration award cannot be invalidated for unilateral appointment of arbitrators if the parties had the opportunity to nominate their respective arbitrators through an independent institute, main....
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