2016 (3) TMI 1027

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.... respondent has not appeared to contest the prayer for appointment of an arbitrator in terms of the arbitration clause found in Engagement Letter dated 24th October, 2013. The Clause reads as under: "12. Jurisdiction & Dispute Resolution: This Engagement Letter shall be governed by and construed in accordance with the laws of India. The parties agree that any legal action or proceedings arising o....

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....or the Company fails to appoint an arbitrator4 or the arbitrators fail to appoint the third arbitrator as provided herein, such arbitrator(s) shall be appointed in accordance with the Arbitration Act. The arbitration proceedings shall be conducted and the award shall be rendered in the English language. The award rendered by the arbitrator or arbitrators shall be final, conclusive and binding on a....

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....terms of Section 11(6) of the Act from this Court. 3. We have heard learned counsel for the petitioner. The averments made in the petition must, in the absence of any counter from the respondent, be taken to be correct at least for the purposes of deciding whether the matter ought to be referred to an Arbitrator. This is especially so when the averments are supported by an affidavit filed by the ....