Schlumberger Asia Services Ltd. v. Oil & Natural Gas Corporation Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Online)(SC) 78

SUPREME COURT
V. N. Khare, CJ, D.P. Wadhwa, J, S.N. Variava, J
Schlumberger Asia Services Ltd. v. Oil & Natural Gas Corporation Ltd.

Advocates:
For the Appellants/Petitioners: Mr. Sanjiv Puri, Mr. Sidharth Luthra
For the Respondents: None

Table of Content
1. disputes are to be resolved through arbitration as per contract. (Para 1 , 2 , 5 , 6)
2. preliminary objections were raised regarding claim maintainability and limitation issues. (Para 3 , 12 , 14)
3. court may leave matters of claim validity to the tribunal except when claims are evidently dead. (Para 15 , 16 , 17)
4. court allows arbitration petition and appoints tribunal to resolve disputes. (Para 18 , 20)

1. This petition is filed under S.11(6) of the Arbitration and Conciliation Act, 1996 seeks a direction from this Court for appointment of the nominee Arbitrator on behalf of the respondent and also appointment of third Arbitrator (Presiding Arbitrator) in the Arbitral Tribunal to adjudicate the disputes arises between the parties.

3. In its counter - affidavit, the respondent has raised a preliminary objection to the maintainability of the petition. It is submitted by the respondent that the petitioner has filed the present case only to bring unnecessary litigation. The arbitration petition is an abuse of process of law and the claims made are barred by a long period of time and are, therefore, dead claims.

5. The petitioner and the respondent had entered int