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DELHI HIGH COURT
SANJAY KISHAN KAUL, VALMIKI J.MEHTA
Prime Industries Ltd. – Appellant
Versus
Seil Ltd. – Respondent
JUDGMENT
Sanjay Kishan Kaul, J. The plea of the appellant to seek adjudication of disputes before a Single Arbitrator in accordance with the arbitration clause rather than a panel of arbitrators as per rules of Indian Council of Arbitration ('ICA' for short) has given rise to the present appeal from the impugned judgment of the learned Single Judge dated 23.10.2008. The learned Single Judge on the interpretation of the arbitration clause came to a conclusion that the arbitration has to be by a panel of three arbitrators and thus allowed the preliminary objection of the respondents that the composition of arbitration tribunal was not in accordance with the agreement between the parties. The award passed by the Single Arbitrator thus stood negated on this preliminary objection.
2. The facts of the case are that the respondents entered into an agreement with the petitioner on 10.06.1994 in respect of its manufactured products of Vanaspati and Vegetable oils. Respondent No.2, a unit of respondent No.1, wanted to source the supplies of Vanaspati and vegetables products of the petitioner for marketing the same under their own established brand names. The agreement styled as MOU was val
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