ILC-2010-SC-ARB-Aug-1
Sirajuddin Kasim and another Vs. M/s. Paramount Investment Ltd.
The Arbitration and Conciliation Act, 1996 - Section 11
Appointment of an arbitrator - Disputes between parties out of settlement agreement - Respondent called upon the petitioners to appoint an independent accounting firm for a thorough investigation of the accounts - Settlement agreement also Power of Attorney - Revoked by petitioner no.1 - Request to appoint an impartial arbitrator in terms of settlement agreement was made - Respondent filed a suit against P1 before the High Court of Republic of Singapore, claiming damages and interest and prayed for specific performance of the Settlement Agreement - Whether arbitration clause in SHA still survives - Arbitration clause was invoked earlier than filing of suit - Whether rights of the parties under SHA superseded - by the subsequent settlement agreement an arbitrable issue - Can be examined by the arbitrator - Petition allowed - No costs.
C.A. Sundaram, Senior Advocate, Nikhil Nayyar, T.V.S. Raghavendra Sreyas, Zafar Inayat, Abhishek Gupta, Ms. Anand Kaur, Ms. Rohini Musa, Advocates, with him
Topic(s)-Appointment of an arbitrator
Important Decision(s)- Arbitration and Conciliation - Dispute - Appointment of an arbitrator - Filed a suit High Court of Republic of Singapore - Arbitration clause earlier than filing of suit - Suit not lie.