Aegis Vopak Terminals Ltd. v. Rajkamal Industrial Private Limited
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 appointment; Bombay High Court Commercial Division; Somasekhar Sundaresan J.; order dated August 1, 2025; Aegis Vopak Terminal Limited v. Divinity Impex; CARAP 186/2024, 217/2024, 218/2024; agreement dated April 23, 2018; arbitration clause Clause 3; Sole Arbitrator Ms. Smita Thakur appointed; scope of Section 11 Court limited to existence of formally executed arbitration agreement — existential/substantive objections (goods seized by Directorate of Revenue Intelligence; agreement null and void) beyond Section 11 remit; linked applications clubbed before same tribunal for economies of scale; disclosure under Sections 11(8) and 12(1); equal sharing of arbitral costs; disposal without expression on merits.
What did the court decide?
All three Applications finally disposed of: Ms. Smita Thakur appointed Sole Arbitrator for the disputes in Commercial Arbitration Applications Nos. 186, 217 and 218 of 2024; Advocates to communicate the order to the Sole Arbitrator within one week; statutory disclosure under Sections 11(8) read with 12(1) within two weeks; parties to appear before the tribunal; arbitral costs and fees borne equally in the first instance, subject to final award on costs.