Arbitration and Conciliation Act, 1996: s. 11(5) – Arbitration petition under – Seeking constitution of an arbitral tribunal with a sole arbitrator to adjudicate the claims of petitioner under the Commission Processing Contract – Dispute resolution clause between the parties that the disputes to be settled through consultation and in case the consultation fails, then by arbitration or court – Held: Intention of the parties apparent from the dispute resolution clause, is that efforts have to be made to settle the disputes in an amicable manner and, therefore, two options are available, either to go for arbitration or for litigation in a court of law – Thus, there is an option and the petitioner has invoked the arbitration clause – In view thereof, former Judge of the Supreme Court, appointed as sole Arbitrator to arbitrate upon the disputes which have arisen between the parties – Arbitrator to complete arbitration proceedings as per the Arbitration & Conciliation (Amendment) Act, 2015 – Arbitration & Conciliation (Amendment) Act, 2015. INDTEL Technical Services Private Limited v. W.S. Atkins Rail Limited (2008) 10 SCC 308 – referred to.
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.
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