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SUPREME COURT
V. N. Khare, CJ, D.P. Wadhwa, J, S.N. Variava, J
Schlumberger Asia Services Ltd. v. Oil & Natural Gas Corporation Ltd.
| Table of Content |
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| 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.
2. The petitioner is a Company incorporated and registered under the law of Hong Kong having its project office in India and one of the base offices at Mumbai. The respondent is a Corporation registered under the Companies Act, 1956 having its registered office at Jivan Bharti Tower - 2, 124, Circus New Delhi.
3. In its counter - affidavit, the respondent has raised a preliminary objection to the maintainability of the petition. It
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