In Brief
IBI Consultancy (a Canadian parent company's Indian subsidiary) and its parent company filed petitions to appoint an arbitrator to resolve disputes with DSC Limited over six contracts for toll and traffic management systems on national highways. DSC had defaulted on agreed payments. DSC contested the existence of an arbitration agreement. The Supreme Court held that the arbitration clause existed within the contract documents and was properly incorporated. The Court appointed a retired Supreme Court judge as the sole arbitrator and held that when parties cannot agree on arbitration procedures, either may seek judicial appointment under Section 11 of the Arbitration and Conciliation Act, 1996.
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