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SENTHILKUMAR RAMAMOORTHY
Vonamor Entertainment Private Ltd. – Appellant
Versus
Nagarjuna Yanamala – Respondent
Headnote: Read headnote
ORDER :
PRAYER: Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, pleased to appoint an arbitrator to adjudicate the disputes between the petitioners and the respondents in terms of the arbitration agreement dated 13.02.2020.
The petitioner seeks the constitution of an arbitral tribunal to resolve the dispute purportedly arising out of an agreement dated 13.02.2020, which is tiled as A.R.Rahman Concert, Pune and Hyderabad Investors Agreement (the Agreement).
2. Learned counsel for the petitioner pointed out that clause 10 of the Agreement provides for the resolution of disputes through arbitration and further pointed out that a notice under Section 21 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) was issued to all the respondents herein on 17.12.2020. Although all the respondents received such notice, it was submitted that only the third respondent replied thereto.
3. Learned counsel contended that the present petition i
The court appointed an arbitrator as the parties consented to arbitration under the existing arbitration clause, complying with statutory requirements.
Arbitration agreement – Mere mentioning of terms ‘arbitration’ or ‘arbitrator’ in heading or existence of these terms in scattered manner in clauses of agreements between parties do not aggregate to ....
Appointment of Arbitrator – Arbitral Tribunal is preferred first authority to look into questions of arbitrability and jurisdiction, and courts at referral stage should not venture into contested que....
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....
Premature petitions under Section 11 of the Arbitration and Conciliation Act, 1996, are not maintainable when a Sole Arbitrator has already been appointed, and unresponsiveness of the current Arbitra....
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