Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996: s. 11(5) rbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration Act, 1940 (10 of 1940) |
Case Type | Arbitration Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Arbitration and Conciliation Act, 1996: s. 11(5) – Arbitrationpetition under – Seeking constitution of an arbitral tribunal with asole arbitrator to adjudicate the claims of petitioner under theCommission Processing Contract – Dispute resolution clausebetween the parties that the disputes to be sett led throughconsultation and in case the consultation fails, then by arbitrationor court – Held: Intention of the parties apparent from the disputeresolution clause, is that efforts have to be made to settle the disputesin an amicable manner and, therefore, two options are available,either to go for arbitration or for litigation in a court of law – Thus,there is an option and the petitioner has invoked the arbitrationclause – In view thereof, former Judge of the Supreme Court,appointed as sole Arbitrator to arbitrate upon the disputes whichhave arisen between the parties – Arbitrator to complete arbitrationproceedings as per the Arbitration & Conciliation (Amendment) Act,2015 – Arbitration & Conciliation (Amendment) Act, 2015. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 821 |
Petitioner | M/s Zhejang Bonly Elevator Guide Rail Manufacture Co. Ltd. |
Respondent | M/s Jade Elevator Components |
SCR | [2018] 11 S.C.R. 645 |
Judgement Date | 2018-09-14 |
Case Number | 22 |
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