Execution of the Arbitral Award – Objection of lack of inherent jurisdiction
By the order dated 22.12.2014, the High Court, in section 9 petition for interim reliefs, passed an order appointing an Arbitrator by consent of the parties. This was never challenged by the Respondent till the Award was passed.
Arbitral Award dated 21.1.2021 was passed for USD 709,776.3 with costs of USD 50,000 and Rs.11,53,000/- with interest. The counter claim of the respondent was dismissed.
Award Creditor is the New Zealand Company having no office in India and the Award-Debtor is the sole proprietary concern of an Indian National.
In the execution petition, the Debtor has taken objection that it is an “international commercial arbitration” and therefore, the appointment of the Arbitrator itself was null and void.
HELD that since the parties had consented to a common arbitrator, the provisions of section 11 of the Act are not attracted even if the same is an International Commercial Arbitration.
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Order dated 11.11.2024 of the High Court of Bombay (OS) in Commercial Execution Application (L) No.24887 of 2024 Aqua Labour Asia Pacific Limited Vs. Arihant Ship Breaters with connected matter
