Ashapura Mine-Chem Ltd Vs. Gujarat Mineral Development Corp.
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Head Note
The Arbitration and Conciliation Act, 1996 - Section 11 (6)
Appointment of Arbitrator - Memorandum of Understanding proposed to constitute a joint venture - Board of Directors passed a Resolution on 29.10.2023 which expressed its approval to the MoU, subject, however, to modification of the conditions - Clause 27 held to be a valid arbitration agreement contained in the MoU and the appellant was fully entitled to invoke the said agreement and seek for a reference to the Arbitrator - Impugned order passed by ld. Single Judge liable to be set aside - Since the respondent has expressed its disinclination to agree to express its concurrence and thereby the parties failed to appoint an Arbitrator under the agreed procedure, it is necessary for the Court to appoint an Arbitrator - A former Chief Justice of Patna High Court and former Judge of Gujarat High Court appointed as the sole Arbitrator to adjudicate the disputes that have arisen between the parties.
Topic(s)-Appointment of arbitrator - Arbitrator appointed