NDLI: Swiss Timing Limited Vs. Organising Committee, Commonwealth Games

Swiss Timing Limited Vs. Organising Committee, Commonwealth Games

Content Provider: Supreme Court of India

Please Log-in to view this content

If you are not a registered user, please register first and then use the e-mail id and password to log-in.

Advisory jurisdiction

Civil miscellaneous petition

Contempt petition civil

Contempt petition criminal

Criminal appeal

Criminal miscellaneous petition

Curative petition Criminal

Curative petition civil

Death reference case

Disciplinary jurisdiction

Election petition civil

Habeas corpus petition

Miscellaneous application

Review petition civil

Review petition criminal

Special leave petition civil

Special leave petition criminal

Special reference case

Suo moto contempt petition civil

Suo moto contempt petition criminal

Suo moto transfer petition civil

Suo moto transfer petition criminal

Suo moto writ petition civil

Suo moto writ petition criminal

Tax reference case

Transfer petition civil

Transfer petition criminal

Transferred case civil

Transferred case criminal

Writ petition civil

Writ petition criminal

Swiss Timing Limited Vs. Organising Committee, Commonwealth Games

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	8 11(4) (6) and 16 45 - Application for appointment of arbitrator and constitution of the arbitral tribunal Arbitration and Conciliation Act 1996- s. 5
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. 5, 8, 11(4), (6) and 16, 45 - Application for appointment of arbitrator and constitution of the arbitral tribunal - Maintainability of - Foreign Company-petitioner entering into an agreement with Organising Committee, CWG-respondent for providing certain services - Disputes over payment - Foreign Company invoking arbitration clause - Objections by respondent that petitioner did not follow dispute resolution mechanism, it engaged in corrupt, fraudulent or coercive practices, rendering the agreement void ab initio; criminal proceedings were going on in trial court, thus arbitration and criminal proceedings would lead to conflicting conclusions - Held: Arbitration application is maintainable - It cannot be said that since a criminal case has been registered against the Chairman of the Organising Committee and some other officials of the petitioner, the Supreme Court would have no jurisdiction to make a reference to arbitration - Whenever contract is said to be void-ab-initio, the Courts exercising jurisdiction u/ss. 8 and 11 are not rendered powerless to refer the disputes to arbitration - No inherent risk of prejudice to any of the parties in permitting arbitration to proceed simultaneously to the criminal proceedings - In an eventuality where award is rendered by arbitral tribunal, and criminal proceedings result in conviction rendering the underlying conract void, necessary plea can be taken on the basis of the conviction to resist the execution/enforcement of the award, If the matter is not referred to arbitration and criminal proceedings result in an acquittal leaving no ground for claiming that underlying contract is void or voidable, it would be undesirable delaying the arbitration - On facts, balance of convenience tilted more in favour of permitting the arbitration proceedings to continue rather than to bring the same to a grinding halt - Thus, Arbitral Tribunal constituted, nominating second arbitrator and Chairman of the Arbitral Tribunal.
Judge	Hon'ble Mr. Justice S.S. Nijjar
Neutral Citation	2013 INSC 362
Petitioner	Swiss Timing Limited
Respondent	Organising Committee, Commonwealth Games
SCR	[2014] 6 S.C.R. 514
Judgement Date	2014-05-28
Case Number	34

Central Library (ISO-9001:2015 Certified)
Indian Institute of Technology Kharagpur
Kharagpur, West Bengal, India | PIN - 721302

See location in the Map
03222 282435
Mail: support@ndl.gov.in

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in