Alerts & Updates

ELP Arbitration Weekly Update

Litigation, Arbitration & Dispute Resolution | Oct 12, 2018

In this week’s update, we analyse a recent judgment of the Hon’ble Bombay High Court in the case of Transocean Drilling Services (India) Pvt. Ltd. v. Oil & Natural Gas Corporation Ltd.

While deciding an application filed under Section 11 of the Arbitration and Conciliation Act, 1996, the Court held that successive references under an arbitration clause, given the facts and circumstances of the present case and the arbitration clause in the case at hand, were maintainable.

In the current set of facts, the Applicant had invoked the arbitration clause on several occasions, each time a dispute arose between the parties and where one set of arbitration proceedings already stood concluded. The Court turned down the contentions raised by the Respondent, and held that successive references were permissible and further appointed an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

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