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UJJAL BHUYAN
Consultants – Appellant
Versus
Loesche India Pvt. Ltd. – Respondent
ORDER :
1. Heard Mr. Ram Mohan, learned counsel for the applicant and Mr. Rahul Sarella, learned counsel for the respondent.
2. This application has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (briefly ‘the 1996 Act’ hereinafter) for appointment of arbitrator.
3. Case of the applicant is that it is a registered partnership firm and engaged in the business of civil construction work. Respondent awarded a contract work to the applicant vide Work Order dated 23.07.2014 for executing basic and detail engineering work for civil and steel structures for 7 Nos. of coal handling and grinding plants at Nigeria for an amount of Rs. 1.40 crores.
4. According to the applicant, the contractual works commenced as scheduled and the applicant was successful in completing the same. However, certain additional works were assigned by the respondent to the applicant on account of revision in mechanical drawings supplied by the respondent while the above projects were pending. Applicant wrote to the respondent on 26.12.2014 and on 27.12.2014 stating that it was agreeable to carry out the revised work at the revised fee of Rs. 125 lakhs plus Rs. 20.00 lakhs. It was brought
The main legal point established is that the existence of an arbitration agreement can be inferred from the exchange of letters and emails between the parties, and the intention to resolve disputes t....
The main legal point established in the judgment is the importance of party autonomy in arbitration, the enforceability of the entire arbitration clause, and the conditional acceptance of arbitration....
The Court's limited jurisdiction under Section 11 of the Act does not allow for a detailed consideration of the disputes, which is to be determined by the arbitrator.
The judgment establishes the requirement of a written agreement for arbitration, the interpretation of settlement of disputes clauses, and the significance of party conduct in determining the existen....
Failure to appoint an arbitrator within the agreed timeframe under Arbitration Agreement allows the court to intervene and appoint an arbitrator under Section 11(6) of the Arbitration and Conciliatio....
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