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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 , Section 16

Appointment of arbitrator - Existence of arbitration agreement - Notwithstanding the initial period under the MoU expiring by 31st December, 2007, the same was extended by the petitioner in exercise of its discretion under Clause 2 of the MoU - The extended MoU was terminated only on 25th September, 2009 - Disputes have arisen in relation to the termination of the MoU and the consequences thereof - Such disputes would be clearly covered under the Arbitration clause which provides that in the event of any dispute or difference arising at any time between the parties in relation to the agreement shall be referred to a Sole Arbitrator - The clause is clearly not limited to the disputes relating only to the initial period of the MoU till 31st December, 2007 - Irrespective of whether the MoU is now in existence or not, the arbitration clause would survive - Arbitrator appointed.

The Arbitration and Conciliation Act, 1996  - Section 11

Existence of valid arbitration agreement - In a petition under Sections 11(4)(5)(6) and (9) of the Arbitration Act, 1996, it is for the Chief Justice of India/his designate to decide about the existence of a valid arbitration agreement.

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