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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice P.B. Balaji, J
Viswanthan Viswabaskaran – Appellant
Versus
Resurgen Innovations Private Limited – Respondent
| Table of Content |
|---|
| 1. counsel for the petitioner (Para 3 , 4 , 5) |
| 2. counsel for the respondent (Para 6) |
| 3. entire cause of action arose (Para 7 , 8 , 9 , 10) |
| 4. arbitration agreement between parties (Para 11 , 12 , 13 , 14) |
| 5. difference between section 11(5) and 11(6) (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. court lacks jurisdiction (Para 21 , 22) |
ORDER :
P.B.Balaji, J.
This original petition has been filed under section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole Arbitrator to resolve the disputes between the petitioner and respondent in respect of a Memorandum of Understanding (MOU) dated 19.04.2022 and deed of partition dated 19.04.2022.
2. I have heard Mr.V.Ramamurthy for Mr.M.Anbazhagan, learned counsel for the petitioner and Mr.R.Pushkar, learned counsel for the respondent.
3. The learned counsel for the petitioner would submit that the parties entered into a Memorandum of Understanding and also a Deed of partnership on the same day viz.,19.04.2022. Both the MOU as well as the Deed of partnership contained separate and valid arbitration clauses and the petitioner has invoked the said Arbitration clauses and suggested names of nominees to be appointed a
The court ruled that a petition for appointing an arbitrator must be filed under Section 11(5) when no procedure is agreed upon, and jurisdiction lies where the cause of action arose.
A petition for appointment of an arbitrator must align with the correct procedural section; in this case, Section 11(5) applies as there was no agreed procedure, and jurisdiction is limited to that o....
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 court reaffirmed that the scope of inquiry under Section 11 is limited to determining the prima facie existence of an arbitration agreement, and the withdrawal of a prior application does not con....
The designation of a venue in an arbitration clause serves as the seat of arbitration, granting jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is the narrow scope of examination of the existence of an arbitration agreement under Section 11 of the Arbitration and Conciliation Act, 1996, and th....
A court has jurisdiction to appoint an arbitrator if any part of the cause of action arises within its limits, even if a pending NCLT application exists.
Arbitration - Appointment of an Arbitrator or panel of Arbitrators - As per section 11(2) parties are given liberty to enter into an agreement for procedure to appoint an Arbitrator, in which event, ....
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