ARBIT.PETITON No. 000010 / 2010
OMNIA TECHNOLOGIES P.LTD. vs W.M.A.VAN LOOSBROEK
Status
DISPOSED
Order Date
03-03-2011
Filed On
31-03-2010 04:13 PM
casestatus.in Summary
Under Section 11(6) of the Arbitration and Conciliation Act, 1996, when a party refuses to cooperate in appointing an arbitrator, the court may appoint one; moreover, where the arbitrability of disputes — including the effect of a full-and-final settlement clause in a termination agreement — is itself contested, such questions may be left for determination by the appointed arbitrator. As analyzed on casestatus.in, consent by the opposing party to arbitral adjudication of all issues, including jurisdictional ones, renders a Section 11 petition maintainable and ripe for allowing.