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Corporate Law

Arbitration and Conciliation Act, 1996 — Petition under Section 11(6) & (9) for appointment of the Arbitrator

Case Law Details

TaxGuru Citation
2011 taxguru.in 251
Case Name
Omnia Technologies P. Ltd. Vs. W.M.A. Van Loosbroek (Supreme Court of India)
Date of Judgement/Order
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Brief:- on the ground that the respondent has committed a violation of the Original Agreement inasmuch as obligations cast upon the respondent under clause 13 of the agreement (supra) have not been discharged by the respondent thereby giving rise to disputes that are in terms of Clause 15 of the original agreement arbitrable — the Supreme Court appointed a sole Arbitrator and all disputes including the dispute regarding interpretation and effect of Clause 4 of the termination agreement referred for adjudication by arbitration — petition allowed.

Omnia Technologies P. Ltd. Vs. W.M.A. Van Loosbroek , decided on 3/3/2011.
(Case/Appeal No: Arbitration Petition No(s). 10 of 2010)
Name of the Judge: Hon’ble Mr. Justice T.S. Thakur.

J U D G M E N T

T.S. THAKUR, J.

1. The respondent is a Dutch citizen. He entered into an agreement dated 14th January, 2008 with the petitioner company whereby the latter appointed him as its marketing representative to promote sale of RFID Tags and Components manufactured by the petitioner-company in European market. Clause (1) of the agreement executed between the parties stipulated the terms on which the respondent was to work as the petitioner’s representative. It reads:

“1. OMNIA does hereby appoint PIM as its Representative for Europe, and PIM hereby accepts the aforesaid appointment, upon the following terms:

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