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HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ
ENPROCON ENTERPRISE LIMITED – Appellant
Versus
WORLWIDE MACHINERY SOLUTIONS PVT. LTD. – Respondent
ORDER :
SUNITA AGARWAL, CJ.
1. This petition seeking for appointment of Arbitrator invoking jurisdiction of this Court under Section 16 of the Arbitration and Conciliation Act,1996 (in short as the ‘the Act’ 1996’) has been filed in terms of the Arbitration clause contained in two agreements to sell, both dated 30.12.2021 entered into between the petitioner no.1 with the sole respondent and the agreement for sale dated 24.02.2022 executed between the petitioner No.2 and the sole respondent.
2. It is the case of the petitioners that the petitioner No.1, namely EnProCon Enterprise Limited company engaged in the business of engineering, procurement and construction contracts for pipeline construction including horizontal drilling in the field of oil and gas industry. Applicant No.2, namely Vario Services Private Limited, is a company engaged in the business of trading and sale of pipeline equipments and machinery for both first hand and second hand/used machinery. Both the petitioners No.1 and 2 herein are associate/affiliate companies with a common Promoter/Director and majority share holders and they are carrying out complementing business activities in association with one another.
3
The existence of a valid arbitration agreement is a mixed question of fact and law, requiring evidence, and must be referred to an Arbitrator for resolution.
The court established that an arbitration agreement can be inferred from the conduct of the parties and the documents exchanged, and that a signed delivery challan containing an arbitration clause co....
A unilateral right of appointment for an arbitrator in an arbitration agreement is impermissible; however, notice of intent to arbitrate, even when lacking technical precision, can suffice for procee....
The main legal point established is that lack of consensus ad idem on the arbitration procedure can justify court appointment of an arbitrator, and previous adjudication does not necessarily bar arbi....
Appointment of an arbitrator cannot be withheld pending the decision of the reference pending before the Constitution Bench of the Supreme Court.
A non-signatory to an arbitration agreement cannot invoke the arbitration clause of the agreement to which it is not a party.
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....
Unilateral appointment of an Arbitrator without consent violates procedural fairness under the Arbitration and Conciliation Act, leading to the termination of the mandate.
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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