Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Arbitration Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Arbitration and Conciliation Act, 1996 - s.11, 13 & 34 - Party to a dispute invoking the jurisdiction of the International Chamber of Commerce (ICC) and appointment of arbitrator pursuant thereto - Entitlement of the other party to proceed in terms of s. 11 (6) in such a situation - Held: Where in terms of the agreement, the arbitration clause has already been invoked by one of the parties thereto under the ICC Rules, the provisions of s. 11 (6) cannot be invoked again, and, in case the other party is dissatisfied or aggrieved by the appointment of an Arbitrator in terms of the Agreement, his/ its remedy would be by way of a petition uls. 13, and, thereafter, u/s.34 - On facts, in view of the language of the Arbitration Agreement which provided that the arbitration proceedings would be held in accordance with the rules and procedures of the International Chamber of Commerce or UNCITRAL, the respondent was entitled to invoke the Rules of Arbitration of the ICC for the conduct of the- arbitration proceedings - Once the provisions of the ICC Rules of Arbitration had been invoked by respondent, the proceedings initiated thereunder could not be interfered with in a proceeding u/s. 11 - Invocation of the ICC Rules would be subject to challenge in appropriate proceedings but not by way of an application u/s. 11 (6) - Arbitration Petition u/s. 11 (6) for appointment of Arbitrator, therefore, rejected, but this will not prevent the Petitioner from taking recourse to other provisions of the Act for appropriate relief - International Chamber of Commerce (ICC) Rules. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2013 INSC 337 |
Petitioner | Antrix Corp. Ltd. |
Respondent | Devas Multimedia P. Ltd. |
SCR | [2013] 6 S.C.R. 453 |
Judgement Date | 2013-05-10 |
Case Number | 20 |
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