NOKIA INDIA PVT. LTD. Vs. EMM ARR COMPUTERS

JUDGEMENT

(1.) THIS is an application with a prayer to appoint the third Arbitrator in addition to the two arbitrators appointed by the parties in terms of the Arbitration Clause 18.2 incorporated in the agreement dated 14.11.2008 (Annexure -B). The aforesaid Clause 18.2 is set out below in extenso: -

(2.) IN pursuance of the aforesaid Clause, the parties have appointed Mr. Justice O.P. Sharma (Retd.) and Mr. Satinder Gupta, Advocate to act as a member of Arbitral Panel. It is thus established that there is dispute between the parties which stands acknowledged by appointment of Arbitrator by each 3 one of them and there is Arbitration Clause 18.2. There is no consensus for appointment of third Arbitrator. In the letter dated 08.02.2012, Mr. Justice O.P. Sharma (Retd.) has suggested the names of two former Judges of this Court to act as umpire. Keeping in view the aforesaid Clause and the difficulty to appoint an umpire, I appoint Justice J.A. Kawoosa (Retd.) as the third Arbitrator. A copy of the order be sent to all the three Arbitrators and they are requested to enter upon arbitration and finalize the same at the earliest.