Aegis Vopak Terminal Limited v. Gastrade International
Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of arbitrator
Case brief
What is this about?
Aegis Vopak Terminal Limited v. Divinity Impex; Bombay High Court Commercial Division; Section 11 Arbitration and Conciliation Act 1996; appointment of Sole Arbitrator Ms. Smita Thakur; CARAP 217/2024, CARAP 186/2024, CARAP 218/2024; agreement dated April 23, 2018; DRI seizure of goods; contention that agreement null and void; scope of Section 11 court limited to existence of formally executed arbitration agreement; joint consent to arbitrate; referral of linked disputes to same tribunal; order dated August 1, 2025.
What did the court decide?
All three applications finally disposed of: Ms. Smita Thakur appointed Sole Arbitrator for the disputes under the agreement dated April 23, 2018 (CARAP 217/2024), and the disputes in CARAP 186/2024 and 218/2024 referred to the same tribunal; Sole Arbitrator to forward statutory Statement of Disclosure under Section 11(8) read with Section 12(1) within two weeks; arbitral costs and fees to be borne equally by the parties in the first instance, subject to the final Award on costs.