The Court appointed a sole arbitrator for claims arising from the same contract to avoid conflicting findings, relying on Gammon India Ltd. v. NHAI. The matter was referred to DIAC.
Appointment of Dr. Justice S. Muralidhar (Retired) as sole Arbitrator under the aegis of DIAC.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
STERLITE TECHNOLOGIES LTD. ..... Petitioner Through: Mr. Abhinav Mukerji, Sr. Adv. with Ms. Pratishtha Vij & Mr. Raghav Bhatia, Advs. (M: 9971919461)
versus BHARAT SANCHAR NIGAM LIMITED ..... Respondent Through: Mr. Dinesh Agnani, Sr. Adv. Alongwith Ms. Leena Tuteja and Ms. Ishita Kadyan, Advs. (M: 9999505508)
CORAM: JUSTICE PRATHIBA M. SINGH O R D E R % 28.02.2024
I.A.4624/2024 (for exemption)
ARB.P. 264/2024
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 01/03/2024 at 11:10:39
Clause 22 of the Purchase Order dated 15th October, 2018. (hereinafter, “Purchase Order”). Further, vide this petition, the Petitioner is seeking reference of further claims under the contract between the parties for arbitration.
This is a digitally signed order.
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dated 23th January, 2024 by this Court in ARB.P. 1081/2023 . Accordingly, in accordance with the decision in Gammon India Ltd. & Anr. v. NHAI, 2020:DHC:2144 , wherein it was observed that multiple arbitrations before different Arbitral Tribunals in respect of the same contract is counter productive and ought to be avoided. The relevant portion of the said judgment is set out below:-
“44 (iii) In petitions seeking appointment of an Arbitrator/Constitution of an Arbitral Tribunal, parties ought to disclose if any Tribunal already stands constituted for adjudication of the claims of either party arising out of the same contract or the same series of contracts. If such a Tribunal has already been constituted, an endeavor can be made by the arbitral institution or the High Court under Section 11, to refer the matter to the same Tribunal or a single Tribunal in order to avoid conflicting and irreconcilable findings”
In view of the above decision, it is deemed appropriate to appoint Dr. Justice S. Muralidhar (Retired) (M:9872727986) as the sole Arbitrator even in this petition.
PRATHIBA M. SINGH, J
FEBRUARY 28, 2024 dj/rks
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 01/03/2024 at 11:10:39
1 issue framed by the court
Whether a sole arbitrator should be appointed for additional claims arising from the same contract where a tribunal is already constituted?
Colour shows how this judgement treated each authority
Gammon India Ltd. & Anr. v. NHAIRelied on¶21
Gammon India Ltd. & Anr. v. NHAI, 2020:DHC:2144
1 provisions across 1 enactments
Sterlite Technologies Ltd.
Bharat Sanchar Nigam Limited
Prathiba M. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
