HUAWEI TECHNOLOGIES COMPANY LTD. Vs. STERLITE TECHNOLOGIES LTD.

JUDGEMENT

(1.) This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed seeking appointment of a Sole Arbitrator in terms of clause 22.3 of the Supply Contract between the parties which was entered into in the following circumstances:

(2.) A counter affidavit has been filed on behalf of the respondent wherein it has been, inter alia, stated that upon appointment of Shri Justice S.K. Dubey as the sole Arbitrator the notice invoking the arbitration clause had spent its force; Shri Justice S.K. Dubey having recused himself from the proceedings the fresh appointment of a learned sole Arbitrator has to be made by, once again, resorting to the provisions of clause 22 of the Supply Contract and by following the procedure prescribed therein. Certain other objections have also been raised on the merits of the dispute contending that the petitioner had not fulfilled its obligations under the Supply Contract so as to be entitled to the amounts as claimed.

(3.) The Court has heard the learned counsels for the parties.