ALVA ALUMINIUM LTD. BANGKOK versus GABRIEL INDIA LIMITED

ALVA ALUMINIUM LTD. BANGKOK versus GABRIEL INDIA LIMITED

Existence of an arbitration agreement is a jurisdictional fact that must be determined by the Chief Justice or his designate before appointing an arbitrator under Section 11 of the Act. Where a written contract is signed containing an arbitration clause, and no material is placed to prove misrepresentation or lack of authority to sign, the contract and arbitration clause are valid and binding.

Parties
Petitioner: Alva Aluminium Ltd. Bangkok; Respondent: Gabriel India Limited
Jurisdiction
India
Judgment Date
16 November 2010
Procedural Posture
Arbitration Petition / Section 11 Petition for Appointment of Arbitrator
Outcome
Petition allowed
Legal Topics
Appointment of Arbitrator, Existence of Arbitration Agreement, Authority to Contract
Arbitration Contract Appointment of Arbitrator Existence of Arbitration Agreement Authority to Contract

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Parties

Alva Aluminium Ltd. Bangkok

Petitioner

Gabriel India Limited

Respondent

Procedural Posture

Arbitration Petition / Section 11 Petition for Appointment of Arbitrator

Legal Issues

  1. 1 Whether the court, in a petition under Sections 11(5) and 11(9) of the Arbitration and Conciliation Act, 1996, is required to determine the existence of an arbitration agreement between the parties
  2. 2 Whether any such agreement was executed between the parties to call for the appointment of an arbitrator for adjudication of disputes

Ratio Decidendi

Existence of an arbitration agreement is a jurisdictional fact that must be determined by the Chief Justice or his designate before appointing an arbitrator under Section 11 of the Act. Where a written contract is signed containing an arbitration clause, and no material is placed to prove misrepresentation or lack of authority to sign, the contract and arbitration clause are valid and binding.

Court Disposition

Petition allowed

Orders

  • Mr. Justice Anil Dev Singh, former Chief Justice of Rajasthan High Court, appointed sole Arbitrator for adjudication of disputes.
  • Arbitrator may fix his fee, charges, and ratio of payment by parties.