Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | International Arbitration Act 2002 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | International Arbitration Act, 2002:International Commercial Arbitration - Held: Where the arbitration agreement provides that the seat of arbitration is Singapore and arbitration proceedings are to be conducted in accordance with the Singapore International Arbitration Centre Rules (SIAC Rules) then the International Arbitration Act, 2002 of Singapore will be the law of arbitration as is provided in rule 32 of SIAC Rules - Once the arbitrator is appointed and the arbitral proceedings are commenced, the SIAC Rules become applicable shutting out the applicability of s.42 of Arbitration and Conciliation Act, 1996 and for that matter Part I of the 1996 Act, including the right of appeal u/s.37 thereof - Arbitration and Conciliation Act, 1996 - ss.2, 9, 42 - Singapore International Arbitration Centre Rules - r.32. Proper law and Curial law - Distinction between - Discussed. Arbitral Tribunal - Applicable law - Held: While the proper law is the law which governs the agreement itself, in the absence of any other stipulation in the arbitration clause as to which law would apply in respect of the arbitral proceedings, it is the law governing the contract which would also be the law applicable to the Arbitral Tribunal itself. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2011 INSC 628 |
Petitioner | Yograj Infrastructure Ltd. |
Respondent | Ssang Yong Engineering And Construction Co. Ltd. |
SCR | [2011] 14 S.C.R. 301 |
Judgement Date | 2011-09-01 |
Case Number | 7562 |
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