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THE HIGH COURT OF KARNATAKA
Suraj Govindaraj, J
M/S RE SUSTAINABILITY HEALTHCARE SOLUTIONS LIMITED – Appellant
Versus
BRUHAT BENGALURU MAHANAGARA PALIKE – Respondent
| Table of Content |
|---|
| 1. details about the arbitration history and agreements. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the need for recourse to arbitration. (Para 7 , 8 , 9 , 10) |
| 3. court’s observations on the validity of arbitration clauses and past awards. (Para 11 , 12 , 13) |
| 4. clarification on the need for fresh arbitration after an award is set aside. (Para 14 , 15 , 16) |
| 5. final decision allowing the appointment of a sole arbitrator. (Para 17 , 18 , 19) |
CAV ORDER
1. The Petitioner is before this Court seeking for the following reliefs:
a) “Appoint a Sole Arbitrator to adjudicate the disputes between the petitioner and the Respondent in terms of Article 11.2 of the concession Agreement dated 11.08.2004 produced as Annexure-A;
b) And/or pass such other orders as this Hon’ble Court may deem fit in the interest of justice and equity.”
2. The Petitioner and Respondent No.1 had entered into a concession agreement on 11.08.2004 for the development, operation and maintenance of an integrated Municipal Solid Waste (MSW) processing facility, which was amended by a supplementary agreement dated 24.03.2009, under which various obligations were to be performed by both parties.
3. Alleging tha
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