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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD
Vedanta Limited – Appellant
Versus
Gujarat State Petroleum Corporation Ltd. – Respondent
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner seeking appointment of the Respondent's nominee Arbitrator to adjudicate upon the disputes that have arisen between the Petitioner and the Respondent in relation to the Request for Proposal bearing No.RFP/RJ-ON-90/1/2023/1 dated 28.12.2022 ("RFP") and the Gas Sales Agreement ("GSA").
2. Shorn of unnecessary details, the facts leading to filing of the present petition are as follows:
a) It is stated that an Oil & Gas Block in Barmer, Rajasthan i.e., RJ-ON-90/1 Block ("Gas Block"), was awarded by the Government of India to a Joint Venture comprising of various entities namely Cairn Energy Hydrocarbons Limited and, Oil and Natural Gas Corporation Limited and the Petitioner herein (collectively referred to as Contractors).
b) Thereafter, the Government of India entered into a Production Sharing Contract ("PSC") with the Joint Venture for the Oil & Gas Block. It is stated that the Petitioner is the Operator of the Gas Block and is authorised to act on behalf of the Joint Venture.
c) On 28.12.2022, the Petitioner issued a Notice Inviting O
Court affirmed that the existence of an arbitration agreement can be inferred from parties' conduct and correspondence, even absent formal signing of the contract, emphasizing the binding nature of a....
A conditional Letter of Acceptance does not create a binding contract or arbitration agreement if its conditions remain unfulfilled.
Judicial scrutiny under Section 11 of the Arbitration Act is limited to the prima facie existence of an arbitration agreement, with substantive issues reserved for the arbitral tribunal.
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Arbitration agreement - Appointment of Sole Arbitrator - If there is sufficient material on record to establish that condition/clause in invoices were accepted and acted upon, parties would be ad ide....
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