Author: Uday Umesh Lalit
Bench: Indu Malhotra , Uday Umesh Lalit
Arbitration Application No.32 of 2019
Perkins Eastman Architects DPC & Anr. v. HSCC (India ... Reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION APPLICATION NO.32 OF 2019
Perkins Eastman Architects
DPC & Anr. …Applicants
VERSUS
HSCC
exists a dispute resolution
mechanism through the Dispute Adjudication Board, after which
arbitration is also provided, and as the appellant had an efficacious
alternative remedy ... Delhi High Court vide an
application under Section 9 of the Arbitration and Conciliation Act,
1996 [“1996 Act”], for interim protection against deduction and
recoveries
some cases, frustrate the very reason for going for
an arbitration.
2. This appeal is filed against the final order and judgment dated
27.04.2007, passed ... Judicature at Madras, questioning the award under Section 34 of
the Arbitration and Conciliation Act, 1996 (hereinafter “ Arbitration
Act ”), by the respondent. The learned Single
interesting question as to the
interpretation of Section 12(5) of the Arbitration and Conciliation Act,
1996 [“Act”].
3. The appellant, Bharat Broadband Network ... General
(Commercial) Conditions of Contract [“GCC”] provides for arbitration.
The said clause reads as under:
“III.20 ARBITRATION
III.20.1 In the event
signed by R
NATARAJAN
Date: 2019.12.10
peals under Section 37 of the Arbitration and Conciliation Act, 1996
17:44:59 IST
Reason:
(hereinafter referred ... Arbitration Act, 1996 ”), and, given the
1
arbitration clause in these proceedings, whether the “seat” of the arbi-
tration proceedings is New Delhi or Faridabad
Leave granted.
2. In the application under Section 34 of the Arbitration and
Conciliation Act, 1996 (the Act) seeking to set aside the award,
whether ... demand promissory note for repayment of the loan.
There was an arbitration clause in the agreement to resolve
dispute between the parties. It is alleged
contract agreement is
dated 14.06.2013, Annexure III of which contains the following
arbitration clause:
“Any and all claims, disputes, questions or controversies
Signature Not Verified ... such parties [sic through] negotiation shall
be resolved by final and binding arbitration held in Pune.
The disputes shall be referred to a sole arbitrator
India when it comes to matters
that are decided under the Arbitration and Conciliation Act,
1996 (“the Act” for short).
3) In the present case ... Since disputes had arisen between the parties, the
appellant invoked the arbitration clause contained in the
contract on 02.11.2017. This notice is the subject-matter
passed by the High Court
of Judicature at Allahabad in Arbitration Application No.151 of 2018
in and by which the High Court rejected ... respondent-Company by an agreement dated 20.09.2010 which
contains the arbitration clause. Subsequently, after coming into
force of Arbitration and Conciliation (Amendment
justified in rejecting the application filed under
Section 11 for reference to arbitration, on the ground that it
was barred by limitation.
2. The factual ... need basis, as per
the agreed contractual rates.
The Agreement contained an arbitration clause which reads
as follows :
“13. Arbitration :
13.1 If any dispute, difference
