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may 2003

Supreme Court of India · 2003-05-09

Angang Group Intnl. Trade Corporation vs Pipavav Railway Corporation Ltd.

Citation / case number
AIRONLINE 2003 SC 217
Court
Supreme Court of India
Petitioner
Angang Group Intnl. Trade Corporation
Respondent
Pipavav Railway Corporation Ltd.
Author
Brijesh Kumar
Bench
Brijesh Kumar

Judgment text excerpt

The Supreme Court held that under Section 11 of the Arbitration and Conciliation Act, 1996, the existence of a valid arbitration agreement is essential for appointing an arbitrator. The court found that while the respondent claimed no concluded contract existed, the matter required further inquiry into the objections raised, indicating that prima facie evidence of an agreement was present. Consequently, the petition for the appointment of an arbitrator was allowed, affirming the arbitrator's competence to determine the validity of the arbitration agreement.

Angang Group Intnl. Trade Corporation vs Pipavav Railway Corporation Ltd. · Niyam