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july 2009

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.

Sime Darby Engineering Sdn,Bhd vs Engineers India Ltd · Niyam