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Civil · Reportable judgment

M/s Trans Asian Shipping Services (Pvt.) Ltd. vs M/s Beacon Shipping Lines Ltd. Represented by Mr. Mohammed S. Aslam Managing Director & Others

Court
Supreme Court of India
Date
19 September 2018
Case No.
Arbitration Petition (Civil) No. 20 of 2012
Result
Allowed
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 11 S.C.R. 687 : 2018 INSC 831
Supreme Court Reports [2018] 11 S.C.R. 687 : 2018 INSC 831
Headnote

Arbitration and Conciliation Act, 1996 – s.11(9) – Appointment of arbitrator under – Agency Agreement between the petitioner and the respondent – Petitioner asserting breach of various terms and conditions of the agreement by the respondent, sought appointment of a sole arbitrator – Held: An arbitration clause exists in the Agreement which stipulates that any dispute or difference arising under and/or out of or in connection with and/or relating to the Agreement unless amicably settled, shall be determined by arbitration – Disputes have arisen and remain unsettled – Justice Gyan Sudha Misra, former Judge of Supreme Court, appointed as the arbitrator to determine the dispute between the parties.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by DIPAK MISRA, CJI 1. The petitioner, by this petition under Section 11(9) of the Arbitration and Conciliation Act, 1996 (for brevity, ‘the Act’), has prayed for appointment of arbitrator as per Clause 5(1) of the Agency Agreement dated 31.03.2010 between M/s Trans Asian Shipping Services (Pvt.) Ltd. and M/s Beacon Shipping Lines Ltd. 2. The petitioner is an Indian company and the respondent company is registered in Bangladesh. It is averred that the petitioner is a multinational company having operations in the Indian Sub-Continent, Middle East and South E
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