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2016 (12) TMI 688

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..... porated in Turkey. The Respondent was awarded a contract for the construction of a pipeline by the Gas Transmission Company Ltd., Bangladesh. A Letter of Intent was issued by the Respondent to the Petitioner on 16 April 2012 for performing Horizontal Directional Drilling works for six river crossings under the above-mentioned project in Bangladesh. A detailed work order was issued on 12 June 2012 .....

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..... rose, such dispute(s) or difference(s) shall be referred to a sole Arbitrator for settlement by way of arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996 of Government of India or any applicable law on arbitration that may be in force then, and any amendments made thereto. The sole arbitrator shall be appointed by the mutual consent of both the Parties. The .....

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..... have arisen between the parties, resulting in an exchange of e-mails. The Petitioner has a claim for unpaid dues. The Petitioner invoked arbitration by an e-mail dated 2 November 2015 addressed by its advocate to the respondent. The Petitioner claimed an amount of USD 38,13,723.76 together with interest by its e-mail and suggested the names of two former judges of the Delhi High Court. The Petitio .....

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..... on agreement. Disputes have evidently arisen between the parties and a mutual settlement has not been possible. 5. In the circumstances, we hereby appoint Mr Justice FM Ibrahim Kalifulla, former judge of the Supreme Court of India to act as a sole Arbitrator in terms of the arbitration agreement. The learned arbitrator shall be at liberty to determine the fees payable to him for the arbitration. .....

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