Back
KRISHNAN RAMASAMY
Larsen & Toubro Limited – Appellant
Versus
Texmo Pipes and Products Limited – Respondent
ORDER :
Krishnan Ramasamy, J.
1. This Arbitration Original Petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (in short, 'the Act') by the petitioner, praying to appoint an Arbitrator to adjudicate the disputes between the parties arising out of the Purchase Orders mentioned therein.
2. Facts in brief, giving rise to the filing of the present Original Petition, are as follows:
3. The petitioner herein is a Public Limited Company, deals with the business of Water Infrastructure Projects across the globe. The petitioner issued Letters of Intent to the respondent for the supply of High Density Polyethylene Pipes for its projects. In pursuant to the Letters of Intent, the petitioner issued as many as 22 Purchase Orders on various dates. Every Purchase Order contains the following Clause:
3.1. According to the petitioner, a harmonious reading of the above would go to show that the Purchase Orders were evidently issued in pursuant to the Letters of Intent and thereby, the General Conditions of Contract (in sho
An arbitration agreement can be inferred from the parties' conduct and correspondence, establishing binding intent despite the absence of a signed contract.
Arbitration – Appointment of Arbitrator - Parties though had agreed to submit the jurisdiction of the High Court of Gujarat, they had not agreed to the procedure for the appointment of an Arbitrator.....
The main legal point established in the judgment is that the existence of an arbitration agreement can be inferred through a series of correspondence or on the demur of one of the parties to an arbit....
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 court emphasized the necessity of adhering to procedural requirements in contracts before arbitration can be invoked, underscoring the importance of a harmonized interpretation of contract clause....
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....
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....
Arbitration agreement - Appointment of Sole Arbitrator - If there is sufficient material on record to establish that condition/clause in invoices were accepted and acted upon, parties would be ad ide....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
