This Civil Miscellaneous Petition sought appointment of a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996. The court appointed a former judge to resolve the dispute arising from a Distributor Agreement.
Appointment of Hon'ble Mr. Justice P. Krishna Bhat as the Sole Arbitrator.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER 2022 BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
CIVIL MISCELLANEOUS PETITION NO.586/2022
BETWEEN :
LIVE SPORTS 365 PVT LTD., HAVING ITS REGISTERED OFFICE AT NO A-06/B, GROUND FLOOR, NGEF ANCILLARY INDUSTRIAL LAYOUT ESTATE, MAIN ROAD, GARUDACHAR PALYA, MAHADEVAPURA, BENGALURU, KARNATAKA-560048.
... PETITIONER
(BY SRI. SHRISHAIL NAVALGUND., ADVOCATE)
AND :
NIKE INDIA PVT LTD HAVING ITS REGISTERED OFFICE AT GROUND AND 1ST FLOOR, OLYMPIA BUILDING, NO.66/1, BAGMANE TECH PARK C V RAMAN NAGAR, BANGALORE-560093.
... RESPONDENT
(BY SMT.HARIKA DUTT., ADVOCATE)
THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, APPOINT A SOLE ARBITRATOR TO ARBITRATE THE DISPUTES RAISED BY THE PETITIONER AGAINST THE RESPONDENT IN RESPECT OF THE BREACHES COMMITTED BY THE RESPONDENT OF THE AGREEMENTS ARISING OUT OF AND IN CONNECTION WITH THE DISTRIBUTOR AGREEMENT AND IN ACCORDANCE WITH
2
CLAUSE 20 OF THE DISTRIBUTOR AGREEMENT DATED 01/01/2020 PRODUCED HEREWITH AT ANNEXURE-A.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Sri Shrishaila Navalgund and Ms. Harika Dutt, the learned counsels for the parties, are heard and in fact, Ms. Harika Dutt submits that any former Judge of this Court could be appointed as the sole arbitrator to enter reference of the dispute at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru but reserving liberty to the respondent to raise the question of arbitrability before the learned sole arbitrator.
In the light of this submission, leaving open all the questions to be canvassed in the arbitral proceedings, the petition stands disposed of appointing Hon'ble Mr. Justice P. Krishna Bhat, a former Judge of this Court, Address: No.234, 4th Cross, 4th Main, 1st Block,
3
Koramangala, Bengaluru-560 034, as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru;
The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Hon'ble Mr. Justice P. Krishna Bhat, a former Judge of this Court, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
Sd/-
JUDGE
SA/Ct:sr
1 issue framed by the court
Whether to appoint a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 pursuant to Clause 20 of the Distributor Agreement dated 01/01/2020.
1 provisions across 1 enactments
Live Sports 365 Pvt Ltd
Nike India Pvt Ltd
B. M. Shyam Prasad
As recorded by the court registry
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