Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
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Arbitration Law
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Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-ARB-Aug-1

Sirajuddin Kasim and another Vs. M/s. Paramount Investment Ltd.

Head Note

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still survives - Arbitration clause was invoked earlier than filing of suit - Whether rights of the parties under SHA superseded - by the subsequent settlement agreement an arbitrable issue - Can be examined by the arbitrator - Petition allowed - No costs.

Advocates For the Respondent(s) :

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

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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.







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