VidhiSangh

Supreme Court of India · 29/04/2020

G H QUIPPO CONSTRUCTION EQUIPMENT LIMITED versus JANARDAN NIRMAN PVT. LIMITED

[2020] 6 S.C.R. 272 · 2020 INSC 380

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Summary

The respondent waived objections to a common arbitration of four agreements and to proceedings in Delhi despite one agreement specifying Kolkata. It did not participate or raise those objections before the arbitrator, although notified and afforded opportunities. In this domestic institutional arbitration the appointment mechanisms were not materially different and the applicable substantive and curial law were the same. The High Court erred in restoring the challenge before the Alipore court merely because the claimant was amenable to that court’s jurisdiction.

Issues

  1. Whether objections to a common reference and contractual venue had been waived.
  2. Whether separate-agreement precedent required a different conclusion in this domestic institutional arbitration.
  3. Whether the High Court correctly restored the Section 34 proceedings at Alipore.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and Alipore court’s order dated 13 August 2018 dismissing the Section 34 proceeding restored, without costs.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 272.