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july 2016

Supreme Court of India · 2016-07-13

M/S. Wexford Financial Inc Panama vs Bharat Heavy Electricals Ltd

Citation / case number
AIR 2016 SUPREME COURT 3447
Court
Supreme Court of India
Petitioner
M/S. Wexford Financial Inc Panama
Respondent
Bharat Heavy Electricals Ltd
Author
T.S. Thakur
Bench
Uday Umesh Lalit, R. Banumathi, T.S. Thakur

Judgment text excerpt

The Supreme Court, while adjudicating the Arbitration Petition under Section 11(5) and Section 11(12) of the Arbitration and Conciliation Act, 1996, held that the petitioner, M/s. Wexford Financial Inc., is entitled to the appointment of a sole arbitrator to resolve disputes arising from the Service Provider Agreement with Bharat Heavy Electricals Ltd. The Court emphasized the necessity of arbitration in commercial disputes and affirmed the validity of the agreement stipulating a fee of 1.1% of the contract value. The petition was allowed, leading to the appointment of an arbitrator.

M/S. Wexford Financial Inc Panama vs Bharat Heavy Electricals Ltd · Niyam