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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
| Table of Content |
|---|
| 1. initiation of arbitration request (Para 1 , 2) |
| 2. details of the bidding and contract formation process (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. interpretation of contract terms regarding arbitration (Para 18 , 19 , 20) |
| 4. existence of arbitration agreement confirmed (Para 27 , 31) |
| 5. appointment of arbitrators (Para 32 , 33 , 34 , 35) |
| 6. dismissal of petition with directions (Para 36 , 37) |
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
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.
The claim of the petitioner was ex-facie barred by limitation, and the dispute between the parties could not be referred to arbitration.
The court confirmed that a prima facie arbitration agreement exists under Section 11(6) of the Arbitration and Conciliation Act, limiting judicial scrutiny to the agreement's existence, deferring sub....
The main legal point established in the judgment is that the existence of a valid and enforceable arbitration agreement is essential for the appointment of a sole arbitrator under Section 11 (6) of t....
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