2009 (7) TMI 1401 - SC - Indian Laws

Summary

Issues:
1. Appointment of an arbitrator under the Arbitration and Conciliation Act, 1996 for disputes related to agreements between parties.
2. Disputes regarding transfer of land, business closure, compensation, and damages.
3. Jurisdictional issue of maintaining an arbitration petition at the High Court or before the Chief Justice of India.
4. Allegations of coercion, forum shopping, and abuse of legal process.

Analysis:
1. The applicant filed for the appointment of an arbitrator under Sections 11(5), 11(9), and 11(12) of the Arbitration and Conciliation Act, 1996, concerning disputes arising from agreements with the respondents regarding business investments and ownership rights.
2. Disputes revolved around the non-transfer of land, alleged illegal business closure, compensation claims, and damages, necessitating arbitration for resolution as per the agreements dated 29.1.2005 and 2.2.2005.
3. Respondents contended that the arbitration petition at the High Court was not maintainable due to the nature of the agreements falling under international commercial arbitration, requiring application before the Chief Justice of India, leading to the withdrawal of the initial application.
4. Respondents raised objections of no live dispute, forum shopping, coercion in agreements, and multiple litigations by the applicant, asserting that the arbitration clause was abandoned and the present application was an abuse of legal process.
5. After reviewing the agreements and considering the disputes, the Court found the need for arbitration and appointed Hon'ble Mr. Justice S.N. Variava as the arbitrator to adjudicate the disputes, directing the parties to appear before him in Mumbai on a specified date.
6. The arbitration petition was allowed, and parties were directed to bear their own costs, emphasizing the expeditious resolution of the arbitration matter by the appointed arbitrator.

This comprehensive analysis covers the key issues, legal aspects, arguments presented, and the final decision rendered by the Court in the judgment.