Showing posts with label counter. Show all posts
Showing posts with label counter. Show all posts

Saturday, 22 October 2016

Whether court can appoint arbitrator if there is no counter to referability of dispute to arbitration?

 We have heard learned Counsel for the Petitioner. The averments made in the petition must, in the absence of any counter from the Respondent, be taken to be correct at least for the purposes of deciding whether the matter ought to be referred to an Arbitrator. This is especially so when the averments are supported by an affidavit filed by the Petitioner. In that view, therefore, we see no reason to decline the prayer for appointment of an Arbitrator made by the Petitioner. 
IN THE SUPREME COURT OF INDIA
Arbitration Petition No. 23 of 2015 (Under Section 11(6) of the Arbitration & Conciliation Act, 1996)
Decided On: 30.03.2016
 Purple India Holdings Ltd.
Vs.
 Drilling and Offshore Pte. Ltd.
Hon'ble Judges/Coram:T.S. Thakur, C.J.I., R. Banumathi and U.U. Lalit, JJ.
Citation:(2016) 7SCC583
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