Aegis Vopak Terminal Limited v. Divinity Impex
Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of arbitrator
Case brief
What is this about?
Keywords: Section 11 Arbitration and Conciliation Act 1996; appointment of sole arbitrator; Bombay High Court Commercial Division; Commercial Arbitration Application Nos. 217, 186, 218 of 2024; Aegis Vopak Terminal Limited versus Divinity Impex; agreement dated April 23, 2018; Clause 3 arbitration agreement; Directorate of Revenue Intelligence (DRI) seizure; agreement null and void contention; Section 11 court confined to existence of formally executed arbitration agreement; Smita Thakur Sole Arbitrator; economies of scale; Section 11(8) read with Section 12(1) disclosure; costs equally in first instance; merits kept open; Somasekhar Sundaresan J.; August 1, 2025.
What did the court decide?
All three Applications finally disposed of: Ms. Smita Thakur, advocate, appointed Sole Arbitrator for all disputes and differences between the parties arising out of and in connection with the Agreement dated April 23, 2018; disputes under Commercial Arbitration Application Nos. 186 and 218 of 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; copy of order to be communicated to the Arbitrator within one week; parties to provide contact particulars; arbitral costs and fees borne equally in the first instance, subject to final award on costs; all issues on merits expressly kept open.