Amit Infra Logic India Pvt. Ltd. v. Bharat Petroleum Corporation Limited
Case brief
What is this about?
Section 11 Arbitration and Conciliation Act 1996 appointment of sole arbitrator; unilateral appointment clause naming specific employee of respondent; defect cured by court-appointed arbitrator; Supreme Court approach to unilateral appointments noted; Bharat Petroleum Corporation Limited; Amit Infra Logic India Pvt. Ltd.; agreement dated September 27, 2018, Clause 19; Bombay High Court Commercial Division, Commercial Arbitration Application No. 440 of 2024; arbitrator Phiroze Colabawala; disclosure under Sections 11(8) and 12(1); costs borne equally; merits kept open.
What did the court decide?
Application finally disposed of by appointing Mr. Phiroze Colabawala, a learned advocate of the Court, as Sole Arbitrator to adjudicate the disputes and differences between the parties arising out of and in connection with the Agreement dated September 27, 2018; Sole Arbitrator to forward statutory disclosure under Sections 11(8) and 12(1) within two weeks; tribunal costs and fees borne equally by the parties in the first instance.