ZHUHAI HANSEN TECHNOLOGY CO LTD vs AKSH OPTIFIBRE LIMITED AND ORS

* 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- 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 sett