OMNIA TECHNOLOGIES P. LTD. versus W.M.A. VAN LOOSBROEK

OMNIA TECHNOLOGIES P. LTD. versus W.M.A. VAN LOOSBROEK

In light of the respondent's consent, all disputes between the parties arising out of the agreements dated 14-1-2008 and 29-2-2008, including interpretation of post-termination obligations and Clause 4 of the termination agreement, are referred to a sole arbitrator appointed by the Court.

Parties
Petitioner: Omnia Technologies P. Ltd.; Respondent: W.M.A. Van Loosbroek
Jurisdiction
India
Judgment Date
03 March 2011
Procedural Posture
Arbitration Petition / Petition for Appointment of Arbitrator Under Sections 11(6) and 11(9) of Arbitration and Conciliation Act, 1996
Outcome
Petition allowed
Legal Topics
Appointment of Arbitrator, Arbitrable Disputes, Post Termination Obligations
Arbitration Law Appointment of Arbitrator Arbitrable Disputes Post Termination Obligations

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Parties

Omnia Technologies P. Ltd.

Petitioner

W.M.A. Van Loosbroek

Respondent

Procedural Posture

Arbitration Petition / Petition for Appointment of Arbitrator Under Sections 11(6) and 11(9) of Arbitration and Conciliation Act, 1996

Legal Issues

  1. 1 Whether there are arbitrable disputes between the parties arising out of agreements dated 14-1-2008 and 29-2-2008.
  2. 2 Whether post-termination obligations under Clause 13 of the original agreement give rise to disputes to be adjudicated by arbitration.
  3. 3 Interpretation and effect of Clause 4 of the termination agreement.

Ratio Decidendi

In light of the respondent's consent, all disputes between the parties arising out of the agreements dated 14-1-2008 and 29-2-2008, including interpretation of post-termination obligations and Clause 4 of the termination agreement, are referred to a sole arbitrator appointed by the Court.

Court Disposition

Petition allowed

Orders

  • All disputes between the parties relating to and arising out of agreement dated 14-1-2008 and termination agreement dated 29-2-2008 including Clause 4 thereof referred to sole Arbitrator Mr. Justice Anil Dev Singh, former Chief Justice of Rajasthan High Court.
  • The parties are directed to appear before the arbitrator on 2-4-2011.