In a landmark judgment, the Supreme Court of India recently interpreted the provisions of sections 7 and 11(4) of the Arbitration and Conciliation Act, 1996, read with article II para 2 of the New York Convention, in the case of M/s Unissi (India) Pvt Ltd v Post Graduate Institute of Medical Education & Research (decided on 1 October).
The issue in question was whether an arbitrator could be appointed in the absence of a formal agreement containing an explicit arbitration clause agreed and signed by all the parties.
in this case, a tender containing an arbitration clause was floated by the Post Graduate Institute of Medical Education & Research (PGI) in 2000, for the purchase of pulse oxymeters. Unissi made an offer for the tender in 2001, which was accepted by the PGI.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in, lbhasin@vsnl.com or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
