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ABDUL QUDDHOSE
Shah Technical Consultants Pvt. Ltd. , Chennai, Rep. by its Director Prasana M Shah – Appellant
Versus
Department of Tourism, Government of Tamil Nadu, Tamil Nadu Tourism Complex, Rep. by its Principal Secretary/Commissioner of Tourism and Project Director, IDIPN TN – Respondent
JUDGMENT
(Prayer: Arbitration Original Petition (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator as this Hon''ble Court may deem fit under Section 11(6) of the Arbitration and Conciliation Act, 1996 in accordance with Clause 49(1) of the Special conditions of Contract under Agreement dated 04.10.2013 vide Contract No.TN/IDIPT/PMC/01 to resolve the disputes that have arisen between the petitioner and the respondent.)
This petition has been filed under Section 11 of -the Arbitration and Conciliation Act, 1996- [hereinafter referred to as -A and C Act-] seeking for appointment of an Arbitrator by this Court.
2. The petitioner was appointed as a service provider by the respondent under a contract dated 04.10.2013. The petitioner claims that they acted as a consultant for the respondent.
3. There seems to be a dispute between the petitioner and the respondent under the contract dated 04.10.2013. The petitioner has claimed consultant fees from the respondent. They have sent letters/notices to the respondent calling upon them to pay their alleged dues. Since the claim of the petitioner was not settled, the petitioner ha
The main legal point established in the judgment is the interpretation of arbitration clauses in favor of early resolution of disputes through arbitration, emphasizing the purpose of arbitration for ....
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 court can appoint an independent arbitrator when the designated arbitrator has a conflict of interest, emphasizing the need for impartiality in arbitration proceedings.
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
Where an Arbitrator had already been appointed and intimation thereof had been conveyed to the other party, a separate application for appointment of an Arbitrator is not maintainable. Once the power....
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
The main legal point established in the judgment is that the petitioner's failure to exhaust the mandatory dispute resolution procedure as per the contract rendered the petition premature and non-mai....
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