KHURANA CONSTRUCTIONS Vs. INDIAN OIL TANKING LIMITED

JUDGEMENT

(1.) By the present application filed u/s.11 of the Arbitration and Conciliation Act, the applicant seek appointment of Sole Arbitrator to adjudicate the disputes that have arisen between the applicant and the respondent out of the Agreement executed on 28/2/2005.

(2.) The agreement entered between the parties contain several rights and obligations, reciprocally to be discharged by the parties.

(3.) The disputes arose between the parties and were referred to a Sole Arbitrator, at the instance of the applicant and it can be seen that 10 claims were made over to the Arbitrator. However, a question was raised before the Arbitrator about arbitrability of Claim Nos. 3 to 10, and the learned Arbitrator holding that the said claim is not arbitral, turned it down.