ETOILE CREATIONS versus SARL DANSET DECO

ETOILE CREATIONS versus SARL DANSET DECO

Given an existing arbitration agreement and disputes relating to the Buyers Agreement, the petition for appointment of a sole arbitrator is allowed; disputes must be adjudicated by arbitration.

Parties
Petitioner: ETOILE CREATIONS; Respondent: SARL DANSET DECO
Jurisdiction
India
Judgment Date
25 July 2016
Procedural Posture
Arbitration Application (civil) No. 4 of 2015 / Order on Petition for Appointment of Sole Arbitrator
Outcome
Petition allowed
Legal Topics
Appointment of Arbitrator, Arbitration Agreement, Breach of Contract
Arbitration Law Appointment of Arbitrator Arbitration Agreement Breach of Contract

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Parties

ETOILE CREATIONS

Petitioner

SARL DANSET DECO

Respondent

Procedural Posture

Arbitration Application (civil) No. 4 of 2015 / Order on Petition for Appointment of Sole Arbitrator

Legal Issues

  1. 1 Whether disputes arising out of the Buyers Agreement dated 18.10.2012 should be referred to arbitration
  2. 2 Whether respondent is bound to pay Euro 393916.95 with interest
  3. 3 Whether respondent committed breach of Clause 2.2 by cancelling orders

Ratio Decidendi

Given an existing arbitration agreement and disputes relating to the Buyers Agreement, the petition for appointment of a sole arbitrator is allowed; disputes must be adjudicated by arbitration.

Court Disposition

Petition allowed

Orders

  • Mr. Justice Kailash Gambhir, Former Judge, Delhi High Court, appointed as sole arbitrator.
  • Parties to appear before the arbitrator on 14.09.2016.