Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration - Contract entered between Appellant and Respondent-Contained two different set of conditions viz. 'Standard Conditions 'and 'Special Conditions' - Dispute between Appellant and Respondent - Arbitration proceedings sought to be initiated - Disagreement between parties over the governing provisions - Held: Arbitration proceedings to be governed by the 'Standard Conditions' and not 'Special Conditions' as contended by Appellant - 'Special Conditions' themselves showed that the 'Standard Conditions' contained provisions for arbitration.Appellant and Respondent had entered into a contract vide a purchase order. The purchase order contained two different set of terms and conditions viz. 'Standard Conditions' and 'Special Conditions'.Disputes having arisen between the parties, Appellant invoked the 'Special Conditions' and suggested three names to Respondent for appointment of an independent sole arbitrator. Respondent took the stand that in view of Article 26 of the 'Standard Conditions', only the Managing Director of Respondent could be appointed as a named arbitrator and accordingly declined to appoint a sole independent arbitrator.In appeals to this Court it was contended by the Appellants that the Managing Director of Respondent cannot be treated as an independent arbitrator and arbitration proceedings between the parties was to be governed by the 'Special Conditions' and not the 'Standard Conditions'. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1140 |
Petitioner | Larsen And Toubro Ltd. |
Respondent | Fertilizer And Chemicals Travancore Ltd. |
SCR | [2007] 11 S.C.R. 1085 |
Judgement Date | 2007-11-12 |
Case Number | 5159 |
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