Case Law Details
Uttam Energy Ltd. Vs Shivratna Udyog Ltd. (Bombay High Court)
HC Jurisdiction under Section 11 of Arbitration and Conciliation Act is not curtailed by Commercial Courts Act
Conclusion: In present facts of the case, the Hon’ble High Court observed that in no manner under Commercial Courts Act, the Jurisdiction of the High Court under Section 11 has been either disturbed or divested in matters of appointment of an arbitral tribunal as provided for under section 11 of the Arbitration and Conciliation Act, 1996.
Facts: In present facts of the case, the petition was filed under section 11 of the Arbitration and Conciliation Act, 1996 whereby the petitioner has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties, which have arisen under two Agreements entered by the petitioner with the respondent dated 30 June, 2012. As disputes and differences had arisen between the parties, the petitioner by its advocate’s notice dated 3 December, 2020 invoked the arbitration agreement and called upon the respondent to appoint a sole arbitrator to adjudicate the disputes which have arisen between the parties.
Learned counsel for the petitioner has submitted that there clearly exists an arbitration agreement as contained in Clauses 15 and 14 of the Agreement. He submits that, there is a lawful invocation of such arbitration agreement. It is submitted that the Court in these circumstances needs to exercise jurisdiction to appoint an arbitral tribunal for adjudication of the disputes which have arisen between the parties under the said two agreements.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
