Case Note & Summary
This case involved a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed by M/s Dozco India P. Ltd. against M/s Doosan Infracore Co. Ltd. regarding disputes arising from a Distributorship Agreement dated 2.2.2004. The petitioner sought to appoint an arbitrator after the respondent terminated the agreement. The respondent contended that the arbitration clause in the agreement specified that disputes would be settled in Seoul, Korea, under the rules of the International Chamber of Commerce, thereby excluding the jurisdiction of Indian courts. The petitioner argued that the provisions of Part I of the Act should apply as the arbitration was international but not expressly excluded. The court analyzed the language of the arbitration clause and previous judgments, concluding that the parties had clearly agreed to exclude Indian procedural law and that the seat of arbitration was in Seoul. Consequently, the court dismissed the petition, stating it lacked jurisdiction to appoint an arbitrator under Section 11(6) of the Act.
Headnote
A) Arbitration Law - Jurisdiction of Indian Courts - Exclusion of Part I of the Act - The parties agreed that the arbitration would be governed by Korean law with the seat in Seoul, thus excluding the applicability of Part I of the Arbitration and Conciliation Act, 1996. The court held that the clear language of the agreement indicated an express exclusion of Indian procedural law, and therefore, the court lacked jurisdiction to appoint an arbitrator under Section 11(6) of the Act. (Paras 1-14)
Issue of Consideration
Whether the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
Final Decision
The Supreme Court dismissed the petition, holding that it lacked jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, due to the express exclusion of Indian procedural law as per the agreement between the parties.
Law Points
- Arbitration jurisdiction
- international arbitration
- appointment of arbitrator
- exclusion of Part I of the Arbitration and Conciliation Act
- 1996
