M/S NANDAN BIOMATRIX LIMITED versus D 1 OILS LIMITED

M/S NANDAN BIOMATRIX LIMITED versus D 1 OILS LIMITED

The parties unequivocally agreed to resolve disputes through institutional arbitration by clause 15.1 of the Supply Agreement dated 10.8.2004. The arbitration agreement is valid and enforceable. There is a live claim between the parties arising from the dispute over breach of obligations under the Supply Agreement and the genuineness and effect of the Termination Agreement dated 16.10.2004. All disputes are referred to the Singapore International Arbitration Centre, which will nominate an arbitrator.

Parties
Applicant: M/S Nandan Biomatrix Limited; Respondent: D 1 Oils Limited
Jurisdiction
India
Judgment Date
11 February 2009
Procedural Posture
Arbitration Petition / Application for Appointment of Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996
Outcome
Application allowed
Legal Topics
Arbitration Clause Validity, Institutional Arbitration, Appointment of Arbitrator, Effect of Termination Agreement
Arbitration Law Arbitration Clause Validity Institutional Arbitration Appointment of Arbitrator Effect of Termination Agreement

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Parties

M/S Nandan Biomatrix Limited

Applicant

D 1 Oils Limited

Respondent

Procedural Posture

Arbitration Petition / Application for Appointment of Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996

Legal Issues

  1. 1 Whether there exists a valid arbitration agreement between the parties
  2. 2 Whether there exists a live claim between the parties

Ratio Decidendi

The parties unequivocally agreed to resolve disputes through institutional arbitration by clause 15.1 of the Supply Agreement dated 10.8.2004. The arbitration agreement is valid and enforceable. There is a live claim between the parties arising from the dispute over breach of obligations under the Supply Agreement and the genuineness and effect of the Termination Agreement dated 16.10.2004. All disputes are referred to the Singapore International Arbitration Centre, which will nominate an arbitrator.

Court Disposition

Application allowed

Orders

  • All disputes and differences between the parties referred to Singapore International Arbitration Centre, which shall nominate an arbitrator from its panel.
  • Registry directed to take applicant's undertaking dated 7.2.2009 on record.