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ALOK ARADHE
Archon Powerinfra India Private Limited – Appellant
Versus
Chabbras Associates – Respondent
ORDER :
1. Mr. Lomesh Kiran N. learned counsel representing Mr. Emil Joseph, learned counsel for the applicant. Mr. P.U. Bhaskara Rao, learned counsel for the respondent.
2. This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) has been filed to seek appointment of an arbitrator to adjudicate the claims and disputes between the parties as envisaged under Clause 32 of Memorandum of Understanding (hereinafter referred to as “MoU”) dated 25.01.2019.
3. Facts leading to filing of this application briefly stated are that the applicant is a company incorporated on 18.09.2017 in Ahmedabad. The respondent is also a company situated in Hyderabad. The applicant and respondent entered into an MoU on 25.01.2019 whereunder the respondent agreed to render complete support to the applicant to participate in the tenders as mentioned in the MoU dated 25.01.2019. Sometime in the month of January, 2019, the respondent participated in Tender Ref: HCC/LPG-32/Pt-171/ 2018-19 (hereinafter referred to as ‘the Tender”) for a bid titled “Construction of Plant Buildings, Non-Plant Buildings, ground improvement and allied works at grass root LPG
The court affirmed that disputes arising from a Memorandum of Understanding containing an arbitration clause are subject to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration clause survives the expiration of the main contract, and issues of limitation must be decided by the Arbitral Tribunal.
The existence of an arbitration agreement under Section 11 requires clear indication of a binding contract, which was absent in this case; the Letter of Intent was merely a precursor to an actual con....
The sufficiency of stamp duty payment rendered the document admissible, and the named arbitrator was disqualified, leading to the appointment of Hon’ble Shri Justice K. K. Lahoti as Arbitrator.
Appointment of Arbitrator - Existence of arbitration agreement - Plea of agreement being unstamped also does not prevent this court in appointing an arbitrator while exercising jurisdiction under sec....
The court's authority under Section 11 of the Arbitration Act restricts to determining the existence of an arbitration agreement, deferring substantive disputes to the arbitrator.
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
Arbitration clause persists despite challenges; disputes require arbitrator resolution.
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