VidhiSangh

Supreme Court of India · 25/07/2019

RIVER PELLETS LIMITED versus KAMACHI INDUSTRIES LIMITED

[2019] 9 S.C.R. 1140 · 2019 INSC 817

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Summary

The agreement specifying Bhubaneswar as the venue of arbitration was construed as excluding other courts for appointment of the arbitrator. Express words such as “alone” or “exclusive” were unnecessary to that conclusion on the clause and circumstances considered. The Madras High Court’s appointment order was set aside, leaving the parties free to seek appointment from the Orissa High Court.

Issues

  1. Whether the agreed Bhubaneswar arbitration venue excluded the Madras High Court’s section 11 appointment jurisdiction.

Held

Result

Appeal allowed; Madras High Court’s arbitrator-appointment order set aside. Parties at liberty to approach the Orissa High Court for appointment. Contractual merits left undecided.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 1140.