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TMI Blog2014 (12) TMI 1071X X X X Extracts X X X X X X X X Extracts X X X X ..... terms: "ARTICLE 30 ARBITRATION 30.1 If any dispute arises between any of the Parties hereto during the subsistence or thereafter, in connection with the validity, interpretation, implementation or alleged material breach of any provision of this JVA or regarding any question, including the question as to whether the termination of this JVA by any Party hereto has been legitimate, the Parties hereto shall endeavour to settle such dispute amicably. The attempt to bring about an amicable settlement is considered to have failed as soon as one of the Parties hereto, after reasonable attempts which attempt shall continue for not less than sixty (60) days, given fifteen (15) days notice thereof to the other Party in writing. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... JVA is not an Arbitration Institution having any Rules for appointment of Arbitrators. However, construing the said reference to the "Singapore Chamber of Commerce" to be one to the "Singapore International Arbitration Centre" ("SIAC" for short), the first respondent, invoking the arbitration clause, had moved the said Authority i.e. SIAC for appointment of an Arbitrator. This was so done on 5th September, 2014. A copy of the said notice/intimation was received by the petitioner on 11th September, 2014. Thereafter, the petitioner had instituted the present proceeding on 15th September, 2014. In the meantime, the SIAC, exercising its powers under Section 8(2) read with Section 8(3) of the Singapore International Arbitration Act (Cap. 143A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court. It is also argued that the parties to the JVA have not excluded the application of Part I of the Act of 1996. The JVA has been signed earlier to the decision of this Court in Bharat Aluminium Company vs. Kaiser Aluminium Technical Services Inc. [(2012) 9 SCC 552]. Therefore, the procedural law governing the conduct of the arbitration would be the law prevailing in India. 6. It is alternatively submitted that even assuming that the seat of Arbitration is Singapore, as the rights of the parties are to be governed by the Indian Law, it is only the curial law of Singapore that would apply to regulate the proceedings after the appointment of the Arbitrator is made and till the passing of the Award. Reference in this regard is made to S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Supreme Court of India as the sole Arbitrator. The said facts have been pointed out in support of the contention that the petitioner has dragged its feet in the matter so as to gain maximum advantage of the interim order granted in its favour by the Civil Court at Coimbatore. Lastly, it is submitted that the Arbitrator having been appointed by the SIAC in accordance with the relevant Arbitration clause in the JVA and the petitioner having submitted to the jurisdiction of the Arbitrator and, in fact, a partial award having been passed by the sole Arbitrator on the issue of jurisdiction, the present is not a fit case for invoking the powers of this Court under Section 11(6) of the Act. 8. On a consideration of the respective submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner has submitted to the jurisdiction of Mr. Steven Y.H. Lim. Even if it is held that such participation, being under protest, would not operate as an estoppel, what must be acknowledged is that the appointment of the sole Arbitrator made by SIAC and the partial award on the issue of jurisdiction cannot be questioned and examined in a proceeding under Section 11(6) of the Act which empowers the Chief Justice or his nominee only to appoint an Arbitrator in case the parties fail to do so in accordance with the terms agreed upon by them. To exercise the said power, in the facts and events that has taken place, would really amount to sitting in appeal over the decision of SIAC in appointing Mr. Lim as well as the partial award dated 27th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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