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TMI Blog2018 (9) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... en between the parties. The arbitration petition is allowed. - ARBITRATION PETITION (CIVIL) NO. 22 OF 2018 - - - Dated:- 14-9-2018 - CJI. Dipak Misra, A. M. Khanwilkar And Dr. D.Y. Chandrachud, JJ. JUDGMENT Dipak Misra, CJI In the instant arbitration petition, preferred under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for brevity, the Act ), the petitioner seeks for constitution of an arbitral tribunal with a sole arbitrator to adjudicate the claims of the petitioner under the Commission Processing Contract dated 11.09.2014 and to pass such further order as may be deemed fit and proper in the facts and circumstances of the case. 2. The petitioner, company incorporated under the laws of People s Republ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointment of the sole arbitrator. When the matter was listed before this Court after service of notice, the learned counsel for the respondent has placed reliance on the reply dated 05.04.2018 given by the counsel for the respondent. In the said reply, the facts asserted by the petitioner have been disputed. That apart, it has been stated that the claims put forth are beyond the provisions of the Contract. 4. To appreciate the controversy, it is required to be seen whether there is an arbitration clause for resolution of the disputes. Clause 15 of the agreement as translated in English reads as follows:- 15. Dispute handling: Common processing contract disputes, the parties should be settled through consultation; consultatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as far as the adjudication of the disputes is concerned. There is assertion that disputes have arisen between the parties. The intention of the parties, as it flows from the clause, is that efforts have to be made to settle the disputes in an amicable manner and, therefore, two options are available, either to go for arbitration or for litigation in a court of law. 8. This Court had the occasion to deal with such a clause in the agreement in INDTEL Technical Services Private Limited vs. W.S. Atkins Rail Limited (2008) 10 SCC 308. In the said agreement, clause No.13 dealt with the settlement of disputes. Clauses 13.2 and 13.3 that throw light on the present case were couched in the following language:- 13.2. Subject to Clause 13.3 al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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