Annexure A joint venture agreement relates to the operation of Container Freight Station business. Clause 15 thereof provides for resolution of the dispute and differences by arbitration. The same is extracted hereunder:-
“15. Any dispute amongst the parties arising out of or in relation to this agreement shall be settled by Arbitration before an Arbitrator agreed upon by the parties in writing. The Arbitration Proceedings shall be in terms of the Arbitration and Conciliation Act, 1996. The venue of Arbitration shall be at Cochin and courts at Cochin shall have exclusive jurisdiction with respect to any matters arising therefrom.”
2. There is evidently a dispute between the petitioner and the respondent in the operation of Container Freight Station business. The same needs to be resolved by arbitration by virtue of Clause 15 extracted above. The demand for arbitration made by the petitioner has not been favourably responded to by the respondent.
A.R. No. 35 of 2010 2
3. I therefore appoint Mr. Justice P.R. Raman (Retired) as the sole Arbitrator in terms of Section 11(6) of the Arbitration and Conciliation Act, 1996. The Arbitrator is free to fix his fee and also the venue of hearing. The parties are free to raise additional claims by pleadings before the Arbitrator.
The Arbitration Request is allowed.
DCS V.CHITAMBARESH JUDGE