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.