The High Court at Madras allowed original petitions filed by IMG Reliance Limited for the appointment of a sole arbitrator. Relying on implied agreements and mutual consent between parties to appoint Justice D. Raju, the court constituted him as the sole arbitrator.
Appointment of Mr. Justice Doraisamy Raju as Sole Arbitrator; petitions allowed.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.01.2018
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
O.P. Nos.983 and 984 of 2017
IMG Reliance Limited, Rep.by its Authorized Signatories, 3rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai – 400 002. .. Petitioner -vsTamil Nadu Tennis Association, SDAT Tennis Stadium, Lake Area, Nungambakkam, Chennai – 660 034. .. Respondent
Prayer: Petition filed under Section 11(5) of the Arbitration & Conciliation Act, 1996 to appoint a sole arbitrator as provided under clause 11(f) of the agreement to adjudicate upon the differences and disputes between the parties under the agreement dated 01.10.2013 and 17.02.2016.
For Petitioner : Mr.Rahul Balaji
For Respondent : Mr.Prasad Vijayakumar
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C O M M O N O R D E R
These original petitions are filed seeking appointment of an Arbitrator in terms of Clause 11(f) of agreements dated 01.10.2013 and 17.02.2016.
inter se the parties under Clause 11(f), extracted below:
' Any dispute or difference of question arising out of, or under, or in relation to this Agreement between the parties shall be attempted to be settled by amicable negotiations, failing which, the parties shall refer the same to arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996 or its enactment or successor Ordinance or Act. The venue of such arbitration shall be Chennai, India and the arbitration shall be conducted in the English language'
Mr.Prasad Vijayakumar, learned counsel for the respondent who
concur on the existence of disputes to be resolved by recourse to clause 11(f). Learned counsel suggest and agree that Mr.Justice Doraisamy Raju, Retired Judge, Supreme Court may be appointed as Sole Arbitrator.
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may, after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the order. The learned Arbitrator is at liberty to fix his remuneration and other incidental expenses.
5.The Original Petitions are, accordingly, allowed, leaving the
parties to bear their own costs.
24.01.2018
msv
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Dr.Anita Sumanth,J. msv
O.P. Nos.983 and 984 of 2017
24.01.2018
2 issues framed by the court
Whether the petition for appointment of a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 be allowed based on the agreement terms.
Whether the parties concur on the appointment of a specific retired judge as the sole arbitrator.
3 provisions across 3 enactments
IMG Reliance Limited
Tamil Nadu Tennis Association
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
