VidhiSangh

Supreme Court of India · 03/10/2018

M/S LARSEN AND TOUBRO LIMITED SCOMI ENGINEERING BHD versus MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

[2018] 14 S.C.R. 22 · 2018 INSC 922

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Summary

The Supreme Court dismissed the consortium’s arbitrator-appointment petition because the dispute was not an international commercial arbitration. A final inter-party ruling required the Indian and Malaysian companies to deal with MMRDA as their unincorporated consortium. The applicable inquiry was therefore the consortium’s central management and control, which the agreement and surrounding facts located in India, rather than the foreign incorporation of one member. The consortium could approach the relevant court on the domestic-arbitration footing. Compliance with the contractual pre-arbitration stages was left undecided.

Issues

  1. Whether a consortium containing a Malaysian company qualified for international-commercial-arbitration appointment jurisdiction.
  2. Whether the separate corporate identity of a member displaced the binding ruling requiring claims in the consortium’s name.
  3. Whether contractual pre-arbitration requirements needed decision.

Provisions considered

Held

Result

Arbitration petition dismissed for want of international-commercial-arbitration jurisdiction; petitioner left free to approach the relevant court on the domestic-arbitration footing. Contractual pre-arbitration compliance not determined.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 22.