Supreme Court of India · 2009-07-22
Sime Darby Engineering Sdn,Bhd vs Engineers India Ltd
- Citation / case number
- AIR 2009 SUPREME COURT 3158
- Court
- Supreme Court of India
- Petitioner
- Sime Darby Engineering Sdn,Bhd
- Respondent
- Engineers India Ltd
- Author
- Asok Kumar Ganguly
- Bench
- Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court, in the context of Arbitration Petition No. 3 of 2009, held that under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner is entitled to seek the appointment of an arbitral tribunal due to unresolved disputes arising from a subcontract. The Court emphasized that the invocation of the arbitration clause was valid despite the respondent's claim that it was premature, as the parties had engaged in negotiations without resolution. Consequently, the Court appointed an arbitrator to adjudicate the disputes between the parties.