ZHUHAI HANSEN TECHNOLOGY CO LTD vs AKSH OPTIFIBRE LIMITED AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 04th March 2025 Pronounced on: 09thApril 2025 + CS(COMM) 628/2022, I.A. 11827/2023 &I.A. 13667/2023 ZHUHAI HANSEN TECHNOLOGY CO LTD .....Plaintiff Through: Ms. Gurmeet Bindra, Adv. along with Ms. Manisha Singh, Advocate. versus AKSH OPTIFIBRE LIMITED AND ORS .....Defendants Through: Mr. Vikas Goel, Mr. Ritesh Sharma, Mr. Vivek Gupta, Mr. Harmanbir Singh Sandhu, Mr. Wanglen Ngangom, Advocates. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. I.A. 36412/2024 (Application under Section 45 of Arbitration & Conciliation Act) in CS(COMM) 628/2022 1. This application has been filed by defendant no.1 under Section 45 of the Arbitration & Conciliation Act, 1996 (‘A&C Act’). The plaintiff in the present case is a foreign entity. The suit has been filed by the plaintiff based on two contracts dated 17th January 2017 (‘Contract-I’) and 5th April 2017 (‘Contract- Signature Not Verified I.A. 36412/2024 in CS(COMM) 628/2022 Page 1 of 33 Digitally Signed By:MANISH KUMAR Signing Date:09.04.2025 18:49:55 II’). The agreement was to enable defendant no.1 to supply Optic Fiber Cables (‘OFC’) in variant models in different quantities to the plaintiff. 2. Clause-16 of Contract-I and Clause-18 of Contract-II contain arbitration agreements, which are reproduced as under: “Clause 16: Arbitration and Applicable Law: All disputes arising from the performance of this Contract shall, through amicable negotiations, be settled by the parties hereto. Should, through negotiations, no settlement be reached, the case in question should be submitted for arbitration to Hong Kong International Arbitration Centre according to the rules of this centre. The arbitration procedures shall be proceeded in Chinese and English bilingually at the