Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Arbitration Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996 - s 11(5) - Appointment of arbitrator - Agreement between Indian company and foreign company - Dispute between parties - Invocation of arbitration clause - Agreement clause that disputes to be referred to mutually agreed arbitrator and agreement to be governed as per laws of California, USA Application u/s. 11 (5) for appointment of arbitrator before Supreme Court - Jurisdiction of Chief Justice or his nominee to appoint arbitrator - Held: Appointment of arbitrator u/s. 11 (5) can be made by Supreme Court only if Part I of the Act is applicable to present arbitration proceedings - Disputes between parties is an international arbitration - One of the contracting parties is Indian party - Obligations under the contract were to be completed in India - It is difficult to read implied exclusion of Part I in the language of arbitration clause - Thus, Justice R.C. Lahoti (Ex.CJI) appointed as sole Arbitrator to arbitrate upon the disputes between parties - He would decide the procedure to be followed in arbitration F proceedings, sittings of proceedings as also settle his fees - However, law governing the contract would be of California. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2009 INSC 564 |
Petitioner | Citation Infowares Limited |
Respondent | Equinox Corporation |
SCR | [2009] 6 S.C.R. 737 |
Judgement Date | 2009-04-20 |
Case Number | 8 |
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