China Petroleum Pipeline Bureau vs. Indian Oil Corporation Limited
Held
The Court held that only 'notified claims' as per the contract could be referred to arbitration. Since the appellant admitted that most of their claims were not notified, they could not be arbitrated.
Facts
The appellant's contract was terminated, and they invoked arbitration for various claims. The respondent objected, arguing that most claims were not 'notified claims' as per the contract. The Arbitral Tribunal agreed, holding most claims non-arbitrable.
Key Issues
Whether claims not meeting the 'notified claims' criteria under the contract are arbitrable. Whether the Arbitral Tribunal correctly excluded non-notified claims from arbitration.
Sections Cited
Section 16, Section 37
AI-generated summary — verify with the full judgment below
Arb. A. (Comm) 35/2019
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Reserved on: 06.12.2019 Date of decision: 10.01.2020
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ARB.A. (Comm.) 35/2019
CHINA PETROLEUM PIPELINE BUREAU
……Petitioner Through Mr. Atul Shanker Mathur, Advocate with Mr. Rabal Mehrotra, Ms. Deepabali Datta and Mr. Umang Katriya, Advs.
versus
INDIAN OIL CORPORATION LIMITED
…..Respondent
Through Ms. Rupam Sharma, Advocate
CORAM: HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J.
The present appeal under Section 37 (2) (a) of the Arbitration and Conciliation Act, 1996 (‘Act’) has been filed assailing the order dated 29.11.2019 passed by the learned Arbitrator whereby the application of the respondent herein under Section 16 of the Act has been allowed and the Arbitrator has held that all claims of appellant (claimant before the Arbitral Tribunal) except claim No. 2.11 along with interest, fall beyond the scope of Arbitration Agreement and are not arbitrable.
The brief facts necessary for adjudication of the present appeal are that on 20.08.2015 the respondent issued a Notice Inviting T
The judgment continues below.
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