Siemens Healthcare Private Limited v. Animesh Baruah
Bombay High Court, Ordinary Original Civil Jurisdiction – COMMERCIAL ARBITRATION APPLICATION NO.148 OF 2024
Case brief
What is this about?
Siemens Healthcare Pvt. Ltd. v. Animesh Baruah, Bombay HC OOCJ, Commercial Arbitration Application No. 148 of 2024, decided 11-02-2025, Somasekhar Sundaresan J. — Section 11 Arbitration and Conciliation Act 1996; appointment of sole arbitrator (Sandeep Parikh) for disputes under Purchase Order/Agreement dated 22-08-2022; Clause 19 arbitration agreement; existence of arbitration clause found from reply to invocation notice; all merits contentions left to tribunal; disclosure under S.11(8) r/w S.12(1); costs borne equally in first instance; no observation on merits.
What did the court decide?
Application finally disposed of by appointing Mr. Sandeep Parikh, an advocate of this Court, as Sole Arbitrator for the disputes arising out of and in connection with the Agreement dated August 22, 2022, with ancillary directions: (i) Advocates for the Applicant to communicate the order to the Sole Arbitrator within one week and furnish contact particulars of the parties; (ii) the Sole Arbitrator to forward his statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act for filing in the Registry; (iii) parties to appear before the Sole Arbitrator for conduct of the arbitration including pleadings, witnesses and hearings, with email/mobile contacts constituting valid service; and (iv) arbitral costs and fees of the Tribunal to be borne equally by the parties in the first instance, subject to any final Award on costs.