Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996 – s.11(6) Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – s.11(6) – Appointment of a sole arbitrator – The respondents were appointed as the distributors for the appellant – Contract for distributorship was executed between the parties – Dispute arose between the parties – Respondents filed petition u/s. 11(6) of the 1996 Act before the High Court - The High Court appointed a sole arbitrator – Before the Supreme Court, it was contended that respondents are husband and wife who are both nationals of and habitually resident in United States of America – It was further contended that once it is found that a party to an agreement is an individual who is a national of, or habitually resident in, any country other than India, then the case is governed by s.2(1)(f)(i) and the High Court has no jurisdiction – Held: The respondents had become distributors of the appellant in India as a sole proprietorship concern under the relevant forms issued by the appellant – An analysis of s.2(1)(f) would show that whatever be the transaction between the parties, if it happens to be entered into between persons, at least one of whom is either a foreign national, or habitually resident in, any country other than India; or by the Government of a foreign country, the arbitration becomes an international commercial arbitration notwithstanding the fact that the individual, body corporate, or government of a foreign country referred to in s.2(1)(f) carry on business in India through a business office in India – Therefore, the High Court had no jurisdiction to appoint an arbitrator – Now, the respondents would have to follow the drill of s.11(6) r/w. s.11(9) of the Act. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2021 INSC 152 |
Petitioner | Amway India Enterprises Pvt. Ltd. |
Respondent | Ravindranath Rao Sindhia & Anr. |
SCR | [2021] 3 S.C.R. 50 |
Judgement Date | 2021-03-04 |
Case Number | 810 |
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