The Delhi High Court appointed an arbitrator under Section 11(5) of the Arbitration Act, 1996 to adjudicate disputes between the parties arising from a Letter of Intent, following the earlier invalidation of an award.
Appointment of Mr. Pramod Saigal as arbitrator to adjudicate disputes between the parties under the Delhi International Arbitration Centre rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through: Ms. Kirti Sharma and Mr. Nikhil Tyagi, Advocates.
versus
UNION OF INDIA .....Respondent Through: Mr. Bhagvan Swarup Shukla, CGSC with Mr. Sarvan Kumar, Advocate for UoI.
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:42:40
appropriate forum after which, another application was filed by the Petitioner challenging the said award before the District Judge, Commercial Court-08, Central Tis Hazari Courts, Delhi. The said award was set aside in view of the judgment passed by the Apex Court in Perkins Eastman Architects DPC & Anr. v. HSCC (India) Limited, (2020) 20 SCC 760.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:42:40
claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.
SUBRAMONIUM PRASAD, J
DECEMBER 18, 2024 RJ
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:42:40
2 issues framed by the court
Whether an arbitrator should be appointed to adjudicate disputes under a Letter of Intent when parties lack consent on appointment.
Whether a previously set aside award supports the need for a fresh arbitration mechanism.
Colour shows how this judgement treated each authority
Perkins Eastman Architects DPC & Anr. v. HSCC (India) Limited, (2020) 20 SCC 760Referred¶14
3 provisions across 1 enactments
M/s K.R Traders
Union of India
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Subramonium Prasad
Parties & counsel
