MEARS GROUP INC. versus FERNAS INSAAT A.S.

MEARS GROUP INC. versus FERNAS INSAAT A.S.

Where an arbitration agreement exists and disputes have arisen, if no mutual settlement is possible and the respondent fails to reply, the Court may appoint a sole arbitrator in terms of Section 11(5) of the Arbitration and Conciliation Act, 1996.

Source-derived case information.

Parties
Petitioner: MEARS GROUP INC.; Respondent: FERNAS INSAAT A.S. (FERNAS CONSTRUCTION COMPANY INC)
Jurisdiction
India
Judgment Date
14 December 2016
Procedural Posture
Arbitration Petition / Final Disposition
Outcome
Petition disposed
Legal Topics
Appointment of Arbitrator, Arbitration Agreement, Unpaid Dues, Settlement Attempt, Arbitration Proceedings Under Section 11(5)
Arbitration Appointment of Arbitrator Arbitration Agreement Unpaid Dues Settlement Attempt Arbitration Proceedings Under Section 11(5)

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Parties

MEARS GROUP INC.

Petitioner

FERNAS INSAAT A.S. (FERNAS CONSTRUCTION COMPANY INC)

Respondent

Procedural Posture

Arbitration Petition / Final Disposition

Legal Issues

  1. 1 Whether appointment of sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 is warranted
  2. 2 Whether an arbitration agreement exists between parties
  3. 3 Whether mutual settlement is possible

Ratio Decidendi

Where an arbitration agreement exists and disputes have arisen, if no mutual settlement is possible and the respondent fails to reply, the Court may appoint a sole arbitrator in terms of Section 11(5) of the Arbitration and Conciliation Act, 1996.

Court Disposition

Petition disposed

Orders

  • Mr Justice FM Ibrahim Kalifulla, former judge of the Supreme Court of India, appointed as sole arbitrator
  • Arbitrator at liberty to determine fees payable for the arbitration