BLUE STAR LTD. Vs. Z

JUDGEMENT

(1.) Heard Sri Vikram Bhalla, learned counsel for the applicant and Sri Udayan Nandan, learned counsel for the respondent.

(2.) This application under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed for appointment of an Arbitrator.

(3.) Learned counsel for the applicant submits that there is an agreement in the form of work order between the parties which contains an arbitration clause. This fact has been admitted by the respondent in their reply dated 2.4.2013 sent to the applicant in response to the notice dated 21.3.2013. He submits that apart from the above, copy of the agreement filed as Annexure-2 to the application, was a communication by fax and the reference made therein to the tender documents etc. stands affirmed by Clause 2(a) of the reply of the respondent dated 2.4.2013. Thus, the aforesaid papers shall constitute an agreement in writing between the parties containing an arbitration clause under Section 7 of the Act.