T.S. Thakur, J. - (1.) This petition has been filed under Sub-sections (5) and (9) of Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an independent and impartial person as a sole arbitrator for the adjudication of the disputes that have arisen between the parties. The respondent has appeared to contest the petition primarily on the ground that no valid arbitration agreement exists between the parties so as to call for the appointment of an arbitrator in terms thereof. The respondents case precisely is that the contract document which the petitioner relies upon has not been signed on its behalf by an authorized person and is not, therefore, binding or enforceable against it. Two questions essentially arise for determination in the light of the pleadings of the parties and the submissions made by them at the bar. These are:(1) Whether this Court is in a petition under Sections 11(5) and 11(9) of the Arbitration and Conciliation Act, 1996 required to determine the existence of an arbitration agreement between the parties and (2) Whether any such agreement has indeed been executed between the parties in the present case to call for the appointment of an arbitrator for adjudication of the disputes and differences that have arisen between them
(2.) I shall presently deal with both these questions but before I do so I may set out the facts necessary for the determination of the said questions.
(3.) The petitioner is a joint venture company between the G.P. Group in Thailand and Kliss Group in India, incorporated under the provisions of the laws of Thailand. The respondent, on the other hand, is an Indian company incorporated under the provisions of Companies Act, 1956. The disputes sought to be referred for adjudication thus involves international commercial arbitration within the meaning of Section 11(9) read with Section 2(f) of the Act aforementioned.;