RESHAMSINGH Vs. DHARTI DREDGING AND INFRASTRUCTURE LTD

JUDGEMENT

(1.) A charter party agreement was entered into between the Applicant and the respondent on 26 May, 2008. Under the agreement the Applicant provided a tug for towing the dredgers and barges of the respondent at Vizag Port. A notice was issued by the Applicant on 22 November, 2008 setting out the disputes which have arisen between the parties and raising a demand. On 5 May, 2009 the Applicant invoked arbitration.

(2.) An affidavit in reply has been filed by the respondent denying that the clause in the charter party constitutes an arbitration agreement.

(3.) The clause in the charter party which, according to the Applicant, is an agreement to refer disputes to arbitration, is as follows :