Summary
The Supreme Court modified an arbitration appointment order in accordance with the parties’ consensus that disputes under their Bhutan hydroelectric-project contract would be arbitrated under Bhutan’s Alternative Dispute Resolution Act, 2013, with Thimphu as the seat. The already constituted tribunal was acceptable to the authority. It could hold some hearings at convenient venues after consulting the parties. The Court did not independently resolve the competing interpretations of the original contract’s governing-law and seat provisions.
Issues
- What modification to the arbitration arrangement followed from the parties’ agreement on Bhutan law and a Thimphu seat.
Held
- The parties agreed that arbitration would proceed under Bhutan’s 2013 Act with Thimphu as the seat; the High Court’s order was modified to that extent. The composition of the existing tribunal was not disputed. (¶ 7-9)
- The tribunal remained free, in consultation with the parties, to conduct some hearings at convenient venues. That liberty did not alter the agreed Thimphu seat. (¶ 9)
Result
Civil appeal disposed of by modifying the High Court order in terms of the parties’ consensus; no costs. Pending applications disposed of.