M/S. REVA ELECTRIC CAR CO. P. LTD. versus M/S. GREEN MOBIL

M/S. REVA ELECTRIC CAR CO. P. LTD. versus M/S. GREEN MOBIL

A valid arbitration agreement existed between the parties and survived the termination of the MOU. Disputes arising from termination of the MOU pertain to the subject matter of the agreement and are accordingly referable to arbitration under Clause 11. Since the parties failed to appoint an arbitrator according to the agreed procedure, the Court must appoint a Sole Arbitrator.

Parties
Petitioner: M/S. Reva Electric Car Co. P. Ltd.; Respondent: M/S. Green Mobil
Jurisdiction
India
Judgment Date
25 November 2011
Procedural Posture
Arbitration Petition / Application Under Sections 11(4) and (6) of the Arbitration and Conciliation Act, 1996, for Appointment of Arbitrator
Outcome
Arbitration petition disposed of. Sole Arbitrator appointed to adjudicate disputes.
Legal Topics
Appointment of Arbitrators, Arbitration Clause Survival, Existence of Arbitration Agreement, Termination of Contract
Arbitration Appointment of Arbitrators Arbitration Clause Survival Existence of Arbitration Agreement Termination of Contract

Case Brief

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Parties

M/S. Reva Electric Car Co. P. Ltd.

Petitioner

M/S. Green Mobil

Respondent

Procedural Posture

Arbitration Petition / Application Under Sections 11(4) and (6) of the Arbitration and Conciliation Act, 1996, for Appointment of Arbitrator

Legal Issues

  1. 1 Whether a valid arbitration agreement existed between the parties after termination of the contract/MOU
  2. 2 Whether disputes arising out of termination of the MOU are covered by the arbitration clause
  3. 3 Whether the arbitration clause survives termination of the underlying contract

Ratio Decidendi

A valid arbitration agreement existed between the parties and survived the termination of the MOU. Disputes arising from termination of the MOU pertain to the subject matter of the agreement and are accordingly referable to arbitration under Clause 11. Since the parties failed to appoint an arbitrator according to the agreed procedure, the Court must appoint a Sole Arbitrator.

Court Disposition

Arbitration petition disposed of. Sole Arbitrator appointed to adjudicate disputes.

Orders

  • Hon. Mr. Justice R.V. Raveendran, Former Judge, Supreme Court of India, appointed as Sole Arbitrator to adjudicate disputes between parties.
  • Registry directed to communicate the order to the Sole Arbitrator for expeditious decision.