2005 (11) TMI 520

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....ment of a sole arbitrator. The application has been placed before me as a nominee of the learned Chief Justice of India for necessary orders. The petitioner is a company incorporated under the laws of the Netherlands while the respondent is an Indian company. The parties had entered into an agreement regarding certain works to be executed by the petitioner. Disputes appeared to have arisen between....

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....pointment of the sole arbitrator. The learned counsel appearing for the petitioner drew my attention to the fact that the petitioner company is a company incorporated in Netherlands while the respondent Company is a Company incorporated in India. He prayed that in view of provisions of Sections 11(9) of the Arbitration & Conciliation Act, an arbitrator having a neutral nationality be appointed ....

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....spect in Malaysian Airlines Systems BHD (II) v. STIC Travels (P) Ltd. 2000(7)SCALE724. While dealing with the same provision this Court has held that the use of the word 'may' indicated that this aspect may be kept in view while appointing the sole arbitrator but the provision is not mandatory. In this decision this Court considered similar provisions in the laws of various countries and h....