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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. Abdul Hakhim
Indo Thai Calicut Private Ltd. – Appellant
Versus
Airport Director, Airport Authority of India Calicut International Airport – Respondent
ORDER :
M.A. Abdul Hakhim, J.
1. This is an Application under S.11(6) of the Arbitration and Conciliation Act to appoint an Arbitrator under Clause 15.3 of Annexure A1 Agreement to resolve the dispute between the Applicant and the respondents arising out of the said Agreement.
2. The Application is opposed by the respondents by filing Counter Affidavit.
3. I heard the learned counsel for the Applicant, Sri. M.K. Sumod and the learned counsel for the respondents, Sri. V. Santharam.
4. The Applicant, through its holding Company M/S. Indo Thai Airport Management Services Pvt. Ltd., executed Annexure A1 Concession Agreement dated 19.07.2021 with the 2nd respondent represented by the 1st respondent. The Agreement was for providing ground handling services by the Applicant at Calicut Airport. The period of Annexure A1 Agreement was for a period of ten years. The period has not expired and parties have been still continuing with the Annexure A1 Agreement.
5. The 1st respondent issued Annexure A14 Show Cause Notice dated 20.12.2021 to the Applicant alleging violation of Annexure A1 Agreement on account of non-achievement of Certificate of Operational Readiness (COD) as per the prescribed timelin
Pre-conditions for invoking arbitration clauses may be deemed arbitrary and unconstitutional if they prevent access to judicial resolution, compelling parties to first seek amicable and DRC processes....
The court affirmed that the inquiry under Section 11(6) of the Arbitration Act is restricted to the existence of an arbitration agreement, allowing disputes to proceed to arbitration without mandator....
An arbitration clause providing for the appointment of a sole arbitrator by a person who is likely to be biased in favor of a party is violative of Section 12(5) of the Arbitration and Conciliation A....
The court affirmed that failure to adhere to the dispute resolution procedure allows a party to invoke arbitration directly, emphasizing the importance of timely actions in contractual disputes.
The pre-arbitration procedures under the arbitration clause are not always mandatory, and the court may refer disputes to arbitration if the requisites of arbitrability and notice under the Arbitrati....
The conciliation process under the Arbitration Agreement was not mandatory, and the petitioner's attempts at mutual consultation satisfied the requirements of the contract.
The absence of respondents in an arbitration matter can lead to an assumption of the petitioner's claims as admitted, allowing the court to appoint an arbitrator.
The main legal point established is the court's authority to refer arbitration matters to an appropriate arbitration center for the appointment of a suitable arbitrator, in accordance with the provis....
The arbitration clause survives termination of the Agreement, and its validity is to be determined by the Arbitrator.
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