Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Arbitration and Conciliation Act, 1996 – Appellant-contractor and Respondent had entered into a agreement to set up a Wind Farm Project – Agreement contained an arbitration clause (Clause 20) – Disputes between the parties – Respondent invoked arbitration under Clause 20 of the agreement, and nominated its arbitrator, with request to Appellant to make nomination of its arbitrator – Appellant failed to do so – Subsequently, Respondent filed petition u/s.11(6) of the 1996 Act before the High Court, requesting the Court to appoint an arbitrator on behalf of Appellant in terms of Clause 20 of the agreement – High Court took the view that since the parties had in their agreement agreed to refer all their disputes under the 1996 Act, it was a fit case for appointment of arbitrator and that the agreement provided for a three-member arbitral tribunal – Respondent having already nominated its arbitrator, the Appellant was directed to appoint an arbitrator, and it was further directed that on such nomination, the two arbitrators would appoint the presiding arbitrator – Appeal before Supreme Court by Appellant- Contractor – During proceedings before Supreme Court, the parties agreed to have their disputes adjudicated under the Arbitration & Conciliation Act, 1996 by a Court-appointed Sole Arbitrator – Accordingly, the Supreme Court appointed a former Judge of the Madras High Court, as the Sole Arbitrator. |
Judge | N/A |
Neutral Citation | 2021 INSC 107 |
Petitioner | Gr Green Life Energy Pvt. Ltd. |
Respondent | Leitwind Shriram Manufacturing Pvt. Ltd. |
SCR | [2021] 1 S.C.R. 583 |
Judgement Date | 2021-02-22 |
Case Number | 692 |
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