CLOSE
30 April 2021 | Pradeep Transcore Private Limited v. TBEA Energy India Private Limited | R/Petition under Arbitration Act No. 70 of 2020 | Bela M Trivedi J
The respondent had appointed a sole arbitrator. In its Section 11 ACA application, the petitioner challenged the appointment and sought a substitution on mainly the ground that another contract had superseded the agreement under which the arbitrator had been appointed and the appointment of a sole arbitrator by one party was illegal. .
Rejecting the argument, the court found that the existence of an arbitration agreement was not disputed since both agreements had identically worded clauses and applying the kompetenz-kompetenz principle, it was for the tribunal to rule on jurisdiction, existence or validity.
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