Pharmaceuticals and Medical Devices Bureau of India v. Scott-Edil Pharmacia Ltd. and Anr.
Case brief
What is this about?
Section 11(6) Arbitration and Conciliation Act 1996 appointment of sole arbitrator by consent; petitioner Pharmaceuticals and Medical Devices Bureau of India (PMBI) PSU Jan Aushadhi Kendra generic medicines tender supply order advance payment; respondents Scott-Edil Pharmacia Ltd; post-supply quality complaints, adverse sample test reports, legal notice for recovery unanswered, arbitration Clause 22 invoked no response; Sh. J.R. Aryan Additional District Judge (Retd.) appointed Sole Arbitrator; proceedings under DIAC aegis and Rules; arbitrator fee per Fourth Schedule of 1996 Act; Section 12 disclosure before entering upon reference; all rights and contentions left open; no opinion expressed on merits; petition disposed; ARB.P. 994/2023; Justice Jyoti Singh; 22.04.2025; Delhi High Court.
What did the court decide?
Appointment of Sh. J.R. Aryan, Additional District Judge (Retd.), as Sole Arbitrator, with arbitration proceedings to be held under the aegis of DIAC and as per its Rules, the arbitrator's fee to be fixed as per the Fourth Schedule of the 1996 Act and/or as agreed between the parties, subject to a Section 12 disclosure before entering upon reference.