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2016 (3) TMI 1027 - SUPREME COURT

2016 (3) TMI 1027 - SUPREME COURT - TMI - Appointment of Arbitrator - Held that:- Averments made in the petition must, in the absence of any counter from the respondent, be taken to be correct at least for the purposes of deciding whether the matter ought to be referred to an Arbitrator. This is especially so when the averments are supported by an affidavit filed by the petitioner. In that view, therefore, we see no reason to decline the prayer for appointment of an Arbitrator made by the petiti .....

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n Petition No. 23 of 2015 - Dated:- 30-3-2016 - CJI T. S. Thakur , R. Banumathi And Uday Umesh Lalit, J. ORDER T. S. Thakur, CJI. 1. In this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 the respondent has not appeared to contest the prayer for appointment of an arbitrator in terms of the arbitration clause found in Engagement Letter dated 24th October, 2013. The Clause reads as under: 12. Jurisdiction & Dispute Resolution: This Engagement Letter shall be governe .....

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y by mutual consensus, failing which by arbitration to be conducted in accordance with the provision of the Indian Arbitration and Conciliation Act, 1996, as amended (the Arbitration Act ). Arbitration shall be held in Mumbai, India. The Company shall appoint one arbitrator and Purple shall appoint one arbitrator and the two arbitrators shall appoint the third or the presiding arbitrator. In the event that Purple or the Company fails to appoint an arbitrator4 or the arbitrators fail to appoint t .....

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