BALASORE ALLOYS LIMITED Vs. MEDIMA LLC
LAWS(SC)-2020-9-21
SUPREME COURT OF INDIA
Decided on September 16,2020

BALASORE ALLOYS LIMITED Appellant
VERSUS
Medima Llc Respondents


Referred Judgements :-

OLYMPUS SUPERSTRUCTURES PVT LIMITED VS. MEENA VIJAY KHETAN [REFERRED TO]



Cited Judgements :-

JOHNSON CONTROLS-HITACHI AIR CONDITIONING INDIA LIMITED VS. MAHAMAYA INFRASTRUCTURE PRIVATE LIMITED [LAWS(DLH)-2022-2-232] [REFERRED TO]
RSPL LIMITED VS. SIMPLEX INFRASTRUCTURE LTD. [LAWS(GJH)-2021-5-48] [REFERRED TO]


JUDGEMENT

- (1.)The Applicant - Balasore Alloys Limited is before this Court in this petition filed under Section 11(6) read with Seciton 11(12) (a) of the Arbitration and Conciliation Act, 1996 ('Act, 1996' for short) praying that a sole arbitrator be appointed to adjudicate upon all disputes that have arisen between the parties in connection with the 37 purchase orders referred to in the application. Alternatively, it is prayed that the second arbitrator be appointed on account of the failure of the respondent - Medima LLC to nominate an arbitrator in terms of the contracts.
(2.)The applicant is a manufacturer of High Carbon Ferro Chrome. The applicant and the respondent accordingly, entered into transactions whereby the applicant agreed to supply the High Carbon Ferro Chrome manufactured by them to the respondent for sale of the same in the territory of USA and Canada. Initially an Agreement dated 19.06.2017 limited to the sale of 2000 MT was entered into. Pursuant to such transaction 37 purchase orders were placed by the respondent in favour of the applicant specifying details of the supply to be made under each of the purchase orders. The parties had also entered into an Agreement dated 31.03.2018 relating to the same transaction whereunder certain terms as enumerated therein were agreed upon. In respect of the said transactions certain disputes have arisen between the parties which is required to be resolved through arbitration.
(3.)The applicant, therefore, while seeking for appointment of an arbitrator to resolve such disputes has sought to rely on Clause-7 in the said 37 purchase orders providing for resolution of disputes through arbitration by the Arbitral Tribunal to be constituted as provided therein. Since according to the applicant, the respondent had failed to appoint their arbitrator, despite the petitioner having nominated Mr. Justice Amitava Lala, Retired High Court Judge, the applicant is before this Court seeking the appointment of an arbitrator.
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