Supreme Court of India · 2012-05-08
BIPROMASZ BIPRON TRADING SA vs BHARAT ELECTRONICS LIMITED(BEL)
- Citation / case number
- SC 2011/22475
- Court
- Supreme Court of India
- Petitioner
- BIPROMASZ BIPRON TRADING SA
- Respondent
- BHARAT ELECTRONICS LIMITED(BEL)
- Author
- SURINDER SINGH NIJJAR
- Bench
- SURINDER SINGH NIJJAR
Judgment text excerpt
The Supreme Court, while adjudicating a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, held that the disputes between Bipromasz Bipron Trading SA and Bharat Electronics Limited can be referred to arbitration despite the respondent's objection regarding the appointment of the arbitrator. The Court clarified that the arbitration clause in the purchase order does not preclude the appointment of an independent arbitrator as sought by the petitioner. The Court directed that the disputes be referred to an independent and impartial sole arbitrator, thereby upholding the petitioner's request for arbitration.