NDLI: Citibank, N.a Vs. Tlc Marketing Plc and Anr.

Citibank, N.a Vs. Tlc Marketing Plc and Anr.

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Citibank, N.a Vs. Tlc Marketing Plc and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arbitration and Conciliation Act 1996
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case Type	Arbitration Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Arbitration and Conciliation Act, 1996:ss. 2(f), 7, 11(5),11(10) and 11(12) r/w ss.10 and 21 - 'International Commercial arbitration' - Application for appointment of sole arbitrator - A tripartite agreement amongst parties for ''free return flight vouchers" to eligible credit card customers of applicant Bank - Violation of - Notice by applicant-Bank invoking arbitration clause of agreement and suggesting a name for appointment as sole arbitrator - Respondent repudiating claim and declining to accept the nomination suggested - Application by Bank u/ss. 11 (5), 11(10) and 11 (12) read with s.10 of the Act for appointment of sole arbitrator in 'international commercial arbitration' - Application resisted on grounds that notice was vague as no particular dispute was sought to be referred and terms of agreement were limited to obligations of parties arising prior to expiration of agreement - Alternative plea of appointment of arbitral tribunal comprising three arbitrators - HELD: Disputes arising out of the arbitration agreement between parties are covered under the definition of "international commercial arbitration" in terms of s.2(f) - Parties entered into an arbitration agreement as provided u/s 7 - The contract is a commercial document and must be interpreted in a manner to give efficacy to contract rather than to invalidate it - Narrow technical approach is not proper - On facts, existence of arbitration agreement was accepted and matter was suggested to be referred to an arbitral tribunal-Requirement of s.10(2) is fully attracted, there being arbitration agreement deemed to be one providing for a sole arbitrator - A composition of arbitral tribunal comprising three arbitrators is not necessary or expedient nor can it be said to be fair and reasonable in larger interest of parties keeping in view the objectives of Act to make arbitral proceedings less expensive and more efficacious - In the circumstances, taking into consideration the fact that disputes and differences between parties emanating from the contract are required to be resolved through arbitration, sole arbitrator is appointed - Credit cards - Agreement for ''free return flight vouchers" to cardholders - Violation of-Remedy - Deeds and Documents - Commercial documents - Interpretation of.
Judge	N/A
Neutral Citation	2007 INSC 1011
Petitioner	Citibank, N.a
Respondent	Tlc Marketing Plc And Anr.
SCR	[2007] 10 S.C.R. 710
Judgement Date	2007-10-05
Case Number	1

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