9911796707
TMI Blog2000 (9) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... tions of law arising in these petitions are common. For purposes of convenience, I will advert to the facts of Arbitration Petition No. 19 of 2000. 2. The averments in the petition, in brief, are as under : Nimet Resources Inc. is a company incorporated in Canada and is engaged in trading of metals conducting its business through its agent, the second petitioner. They claim that they entered into certain transactions with Essar Steels Ltd. in Arbitration Application No. 19 of 2000 on 20-8-1998 for sale and supply of about 100 metric tons of Ferro Vanadium through its agent, the second Petitioner. Under the said contract, the Petitioner was to deliver different quantities of metal on different dates between September, October and November ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent's acceptance of the sales contract. Thus the Petitioner contends that a dispute exists between them and clause 10 of the contract between the parties indicates an agreement providing for resolution of the disputes between the parties by arbitration and venue thereof being in the event of their failure to resolve the disputes under the COMEX and/or the Institute of Scrap Recycling Industries and/or the L.M.E. Rules. The Petitioner indicated in the notice sent on 10-2-1999 to choose a venue for the arbitration failing which the Petitioner was free to choose the same. The respondent denied the existence of the sales contract by its reply dated 25-2-1999 and, therefore, the present application was made. 3. The respondent has filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erent forms-by way of an arbitration clause in a contract or in the form of a separate agreement, but the condition is that an arbitration agreement should be in writing. When an arbitration agreement is not in writing the same should be construed by reference to : (a) a document signed by the parties; (b) exchange of letters, telex, telegram or other means of communication which provide a record of the agreement; or (c) exchange of statement of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other. If the contract is in writing and the reference is made to a document containing arbitration clause as part of the transaction would mean that the arbitration agreement is part of the contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such a view may not be conclusive in view of the nature of the powers that are exercised under section 11(6). In this view of the matter, I do not think it would be possible to accede to the defence raised by the respondent. Keeping open all questions raised in this case, I think it would be appropriate to refer the matter to arbitration. I have also restrained myself from referring in detail to the correspondence exchanged between the parties or the pleadings to assess the correctness or otherwise inasmuch as such an exercise will be undertaken by the arbitrator concerned to decide the question as to existence or otherwise of the arbitration agreement. 8. The learned counsel had adverted to the decision of this Court in Konkan Railway Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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