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JASMEET SINGH
Aksh Optifibre Limited – Appellant
Versus
Nantong Siber Communication Co Ltd. – Respondent
JUDGMENT
Jasmeet Singh, J. (Oral)
1. This is a petition seeking setting aside of the Impugned Award dated 08.11.2022 passed by the learned Arbitral Tribunal titled as "Nantong Siber Communication Co. Ltd. vs. Aksh Optifibre Limited".
2. In the present case, the respondent is a Chinese manufacturer of optical fibre cable and had approached the arbitral tribunal seeking payment of $194,336.91 along with interest at the rate of 24% per annum.
3. The respondent/claimant had relied upon seven invoices issued pursuant to the seven purchase orders and since the amounts were unpaid, the respondent invoked arbitration and filed the proceedings.
4. The sole arbitrator was appointed by the Hon'ble Supreme Court by the order dated 15.11.2021 in Arbitration Petition (C) No. 27/2021.
5. On 07.05.2022 the learned sole arbitrator framed six issues, which read as under:
"I. Whether the arbitration proceedings are misconceived because there is no live dispute between the parties? [LIVE DISPUTE]
II. Whether the Claim, and hence, these proceedings are vitiated due to a lack of proper and legal authorization? [AUTHORIZATION]
III. Whether a composite arbitration proceeding, arising out of several independent tra
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The learned Arbitrator exceeded his jurisdiction in reviewing the Original Award under Section 33 of the Arbitration and Conciliation Act, 1996.
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The arbitration agreement's validity is independent of stamp duty on the substantive contract, and courts have limited grounds for interfering with arbitral awards under Section 34 of the Arbitration....
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