CAPRI GLOBAL CAPITAL LIMITED [ Petitioner] Vs. KIRAN [Respondent]
ARB.P. 870/2023 and I.A. 16066/2023
(Delivered by HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI)
Facts: By way of the present petition under section 11 of the Arbitration & Conciliation Act 1996 (‘A&C Act’), the petitioner seeks appointment of a Sole Arbitrator to adjudicate upon the disputes that are stated to have arisen with the respondent from Facility Agreement dated 28.09.2017 (‘Agreement’).
Issue: Whether the claims are time-barred since the first invocation notice was faulty?
Arguments on behalf of counsel for petitioner:
Ms. Shweta Kapoor, learned counsel for the petitioner has drawn the attention of this court to clause 13.15 of the Agreement which comprises the arbitration agreement; and contemplates reference of disputes between the parties to arbitration in accordance with the A&C Act; with a further stipulation that the arbitration proceedings shall be conducted at Mumbai or Delhi.
Arguments on behalf of counsel for respondent:
The main objection raised by learned counsel for the respondent is that Invocation Notice dated 13.09.2019 issued by the petitioner, which was the basis of the first arbitral proceedings, was faulty and did not amount to a proper invocation notice under section 21 of the A&C Act, inasmuch as the petitioner had not set-out its claim against the respondent in that notice.
Held: The court allowed the present petition and held that, “Upon a conspectus of the averments contained in the petition, the stand taken by the respondent, and the submissions made, this court is satisfied that there is a valid and subsisting arbitration agreement between the parties; that this court has territorial jurisdiction to entertain and decide the present petition; and also that the disputes that are stated to have arisen between the parties, as set-out inter-alia in Invocation Notice dated 01.03.2023, do not appear ex-facie to be non-arbitrable. Accordingly, the present petition is allowed and Mr. Amer Vaid, Advocate is appointed as the learned Sole Arbitrator to adjudicate upon the disputes between the parties.”
