IBI CONSULTANCY INDIA PRIVATE LIMITED versus DSC LIMITED

IBI CONSULTANCY INDIA PRIVATE LIMITED versus DSC LIMITED

Existence of an arbitration agreement in contract is sufficient ground for appointment of arbitrator under Section 11; court's scope is limited to confirming such existence without examining merits.

Parties
Petitioner: IBI Consultancy India Private Limited; Respondent: DSC Limited
Jurisdiction
India
Judgment Date
16 April 2018
Procedural Posture
Arbitration Case (c) No. 53 of 2016 / Final Decision on Appointment of Arbitrator
Outcome
petitions disposed of
Legal Topics
Appointment of Arbitrator, Existence of Arbitration Agreement
Arbitration Appointment of Arbitrator Existence of Arbitration Agreement

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Parties

IBI Consultancy India Private Limited

Petitioner

DSC Limited

Respondent

Procedural Posture

Arbitration Case (c) No. 53 of 2016 / Final Decision on Appointment of Arbitrator

Legal Issues

  1. 1 Whether there exists an arbitration agreement between the parties
  2. 2 Whether petitioner is entitled to appointment of an arbitrator under Section 11 of the Act

Ratio Decidendi

Existence of an arbitration agreement in contract is sufficient ground for appointment of arbitrator under Section 11; court's scope is limited to confirming such existence without examining merits.

Court Disposition

petitions disposed of

Orders

  • Justice Amitava Roy, former Judge of Supreme Court, appointed as sole Arbitrator to adjudicate disputes
  • Appointment subject to disclosure under Section 12 and ineligibility under Section 12(5) of the Act