VidhiSangh

Supreme Court of India · 14/09/2018

M/S. ZHEJIANG BONLY ELEVATOR GUIDE RAIL MANUFACTURE CO. LTD. versus M/S. JADE ELEVATOR COMPONENTS

[2018] 11 S.C.R. 645 · 2018 INSC 821

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that the contract’s reference to arbitration or court offered a choice after unsuccessful consultation. The petitioner had chosen arbitration, and the respondent’s objection did not prevent appointment on these facts. Justice Prakash Prabhakar Naolekar was appointed sole arbitrator, with directions to follow the 2015 amendment and endeavour to complete proceedings as prescribed.

Issues

  1. Whether the dispute-resolution clause providing for arbitration or court permitted appointment when the petitioner chose arbitration.

Provisions considered

Held

Result

Petition allowed without costs; Justice Prakash Prabhakar Naolekar appointed sole arbitrator, to proceed under the 2015 amendment framework.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 645.