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KRISHNAN RAMASAMY
S. K. Engineering and Construction Company, Rep. by its Authorised Signatory, T. Sivakumar, Salem – Appellant
Versus
Bharat Heavy Electrical Ltd. , Rep. by its General Manager, Chennai – Respondent
JUDGMENT
(Prayer: Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, r/w Sections 6 & 7 of the Commercial Court, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015, praying to pass an order of appointing a Sole Arbitrator to resolve the dispute between the petitioner and the respondent under the contract for work of civil, structural and architectural works of Utility Boiler and Allied works for 1 x 150 TPH RESID upgradation project at CPCL, Manali, Chennai and the balance civil works of RCC, Twin Flue Chimney of Utility Boiler VI and RESID upgradation project at CPCL, Manali.)
1. This petition has been filed under Section 11(6) of Arbitration and Conciliation Act, 1996, (hereinafter referred as “the Act”), seeking to appoint an Arbitrator to resolve the dispute between the petitioner and the respondent under the Letter of Intent issued by the respondent to the petitioner dated 31.08.2015 and 06.10.2015.
2. Learned counsel appearing for the petitioner would submit that the present dispute is arising out of the Letter of Intent issued by the respondent to the petitioner dated 31.08.2015 and 06.10.2015, which is
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
The main legal point established is that the appointment of an arbitrator must be in accordance with the law and the parties' written consent, and the court has the authority to appoint an arbitrator....
The main legal point established is the enforcement of the arbitration clause and the appointment of a sole arbitrator to resolve the dispute.
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