9911796707
TMI Blog2011 (3) TMI 1511X X X X Extracts X X X X X X X X Extracts X X X X ..... he arbitral dispute before the said arbitrator. - ARBITRATION P. 10 OF 2010 - - - Dated:- 3-3-2011 - T. S. THAKUR, J. JUDGMENT 1. The respondent is a Dutch citizen. He entered into an agreement dated 14th January, 2008 with the petitioner- company whereby the latter appointed him as its marketing representative to promote sale of RFID Tags and Components manufactured by the petitioner-company in European market. Clause (1) of the agreement executed between the parties stipulated the terms on which the respondent was to work as the petitioner's representative. It reads: 1. OMNIA does hereby appoint PIM as its Representative for Europe, and PIM hereby accepts the aforesaid appointment, upon the following terms: a) PIM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces, which might take it, appear, that he is still an authorized OMNIA agent and shall permanently discontinue any use of the word OMNIA thereform, all without any expenses to OMNIA. d) PIM shall return all manuals, informational materials, instruction booklets, and all data and information in printed form or stored in floppies, CD-ROMS, computer diskettes, or in any other version or medium that was given by OMNIA pursuant to this agreement, immediately on termination of this agreement. Electronic mail messages are excluded. PIM shall destroy or render unusable all other proprietary material and copies thereof, which for any reason cannot be delivered to OMNIA. In such event, PIM shall certify in writing to OMNIA that all proprietary m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all for the appointment of an Arbitrator. The respondent has in this regard relied upon Clause 4 of the termination agreement which reads as under: 4. Subject to the signing of this termination agreement by the parties, the parties hereby grant each other full and final discharge from all claims, rights and obligations arising out of or relating to the termination of the Representative Agreement. The parties acknowledge that thereafter no claims, rights or obligations will remain existing on whatever ground or whatever relation between the parties in respect of the issue at hand. This termination agreement constitutes the entire agreement and understanding between the parties. 5. When this petition came up for hearing before me o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bitrator. As the power of attorney holder of the respondent is not in the country, I, the Advocate on Record of the Respondent after having taken instructions would like to place on record through this letter that a) The Respondent has consented to the appointment of arbitrator b) the Respondent has consented to raising all the issues including the existence of the arbitral dispute before the said arbitrator. 6. In the light of the above I see no reason why the present petition cannot be allowed and all disputes including the dispute regarding interpretation and effect of Clause 4 of the termination agreement referred for adjudication by arbitration. 7. I accordingly allow this petition and refer all disputes between the par ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
