Supreme Court · 2010 INSC 784 · Decided 16 November 2010
Alva Aluminium LTD. Bangkok v. Gabriel India Limited
- Court
- Supreme Court of India
- Citation
- 2010 INSC 784 · [2010] 13 S.C.R. 803
- Case number
- ARBITRATION PETITION No. 2/2010
- Decided
- 16 November 2010
- Bench
- T.S. THAKUR (1-judge bench)
- Outcome
- Case Allowed
- Case type
- Arbitration
- Acts & sections cited
- Contract Act; Arbitration Act Section 11; Companies Act
Headnote
S.C.R. 803 ALVA ALUMINIUM LTD. BANGKOK v. GABRIEL INDIA LIMITED (Arbitration Petition No. 2 of 2010) NOVEMBER 16, 2010 [T.S. THAKUR, J.] ARBITRATION AND CONCILIATION ACT, 1996: A B ss 11 (9), (5) and 16 - Appointment of arbitrator - Issue c as regards existence of arbitration agreement in the case may be - The power available to arbitral tribunal uls 16 does D not imply that the issue can be or ought to be left to be determined by it, even if in the application u/s 11, there is a dispute between the parties as regards existence of arbitration agreement between them - In the instant
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