M/S TBEA SHENYANG TRANSFORMERS GR.CO.LTD vs M/S ALSTOM PROJECTS INDIA LTD.

The Supreme Court, in this arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, addressed the appointment of an arbitrator due to a dispute arising from the invocation of a bank guarantee by the respondent company. The petitioner contended that the invocation was unjustified and constituted a breach of contract, while the respondent argued that no dispute existed warranting arbitration. The Court ultimately held that the circumstances warranted the appointment of an arbitrator to resolve the dispute, emphasizing the need for arbitration in contractual disagreements.