Facts
Brandavan Food Products and Satyam Caterers Private Limited filed connected petitions concerning disputes with Indian Railway Catering and Tourism Corporation Ltd. and others.
Source reference: p. 2, paras. 1–2The parties agreed that the disputes should be referred to arbitration, and the Court recorded that there was no dispute regarding the existence of a valid arbitration clause.
Source reference: p. 2, paras. 1–2The petitions also sought relief under Section 9 of the Arbitration and Conciliation Act, 1996.
Source reference: p. 3, para. 9Issues
Whether, in light of the parties’ agreement to arbitrate and the undisputed existence of a valid arbitration clause, a sole arbitrator should be appointed.
Source reference: p. 2, paras. 1–3Whether the pending Section 9 petitions should be treated as applications under Section 17 once the arbitral tribunal is constituted.
Source reference: p. 3, para. 9Law Applied
The Court referred to the Arbitration and Conciliation Act, 1996. It required the appointed arbitrator to furnish the disclosure contemplated by Section 12(2).
Source reference: p. 2, para. 4It further directed that, upon constitution of the tribunal, the pending Section 9 petitions be treated as Section 17 applications for decision by the arbitrator.
Source reference: p. 3, para. 9Reasoning
The parties were ad idem on referring their disputes to arbitration, and the existence of a valid arbitration clause was undisputed. The Court therefore found no impediment to appointing a sole arbitrator.
Source reference: p. 2, paras. 1–3To enable the tribunal to consider the interim-relief applications after its constitution, the Court directed that the pending Section 9 petitions be treated as Section 17 applications.
Source reference: p. 3, para. 9The Court left objections concerning arbitrability and jurisdiction for the arbitrator to decide in accordance with law.
Source reference: p. 3, para. 6Holding
The Court appointed Ms. Shilpa Ohri, Advocate, as sole arbitrator, directed her to enter upon the reference within three weeks and furnish the required disclosure within three weeks of entering the reference, and directed that the arbitration proceed under the rules and aegis of the Delhi International Arbitration Centre.
The Section 9 petitions were to be treated as Section 17 applications upon constitution of the tribunal; the petitions and pending applications were disposed of accordingly.
Source reference: pp. 3–4, paras. 9–10Acts & Sections Cited
3 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Arbitration and Conciliation Act, 19963
Original Court PDF
Satyam Caterers Private LimitedvsIndian Railway Catering And Tourism Corporation Ltd. & Ors.
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