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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH
Elboil GmbH, Rep. by its Power Agent Sudarshan Gujar – Appellant
Versus
Sakthi Ferro Alloys India Pvt. Ltd., Rep. by its Directors – Respondent
| Table of Content |
|---|
| 1. details of the sales agreement and arbitration initiation. (Para 3 , 4 , 5 , 6 , 10) |
| 2. respondent's defense of not receiving notice. (Para 12 , 13 , 19 , 20) |
| 3. enforcement of the arbitral award. (Para 21 , 22) |
ORDER :
This petition has been filed under Sections 47 to 49 of the Arbitration and Conciliation Act, 1996 (in short “the Act”) for declaring that the Arbitral Award dated 07.02.2025 read with the Arbitral Award on costs dated 13.03.2025, passed by the Arbitral Tribunal, is enforceable in accordance with to 49 of the Act and for other consequential reliefs.
3.The brief facts of the case are:
3.2.As per the agreement, the governing law and arbitration clauses were contained in the sales confirmation e-mail. It also incorporated the general terms and conditions of sale.
3.4.On 30.01.2024, the petitioner raised an invoice to the respondent to a total amount of USD 513,362.20, which payment was falling due on 09.02.2024. The respondent by way of acknowledging the liability, made a payment of USD 300,000.
3.6.The respondent, in spite of service of notice, did not appoint their arbitrator within the time frame fixed under the Arbitration Rules of the German Maritime Ar
Court affirmed enforceability of foreign arbitral award despite objections on notice, establishing party's responsibility to engage in proceedings despite received communications.
Once declaratory arbitration award came to be passed by arbitral tribunal, same ought to have been challenged by petitioners by exercising its remedy available under provisions of English Arbitration....
Failure to comply with mandatory requirements under the Arbitration Act for recognizing an arbitration award renders the order null and void.
Due notice in arbitral proceedings is essential for validity; lack of proper service violates principles of natural justice.
Arbitration Award - Service of Notice - Notices were returned with remarks ‘left’ and therefore same did not constitute a due service of notice as required under bye-law 287 of the bye-laws of DSE. N....
Sine qua non for execution of an award is existence of properties against which an order could be passed by Court.
The enforcement of foreign arbitral awards under the Arbitration and Conciliation Act, 1996, is upheld unless specific procedural or public policy violations are proven, which was not established in ....
A party does not have to name an Arbitrator unless mutual consent exists, emphasizing the validity of the Trigger Notice in seeking arbitration and the appointment of a Sole Arbitrator.
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