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july 2006

Supreme Court of India · 2006-07-11

M/S JAIN STUDIOS LIMITED THROUGH ITS PRESIDENT vs SHIN SATELLITE PUBLIC CO. LTD.

Citation / case number
SC 2006/90245
Court
Supreme Court of India
Petitioner
M/S JAIN STUDIOS LIMITED THROUGH ITS PRESIDENT
Respondent
SHIN SATELLITE PUBLIC CO. LTD.
Author
C.K. THAKKER
Bench
C.K. THAKKER

Judgment text excerpt

The Supreme Court reviewed its earlier order in Arbitration Petition No.1 of 2005, emphasizing that under Section 11(6) of the Arbitration and Conciliation Act, 1996, the appointment of arbitrators must adhere to the agreed terms of the arbitration agreement. The Court held that if the parties did not agree on the number of arbitrators, three should be appointed as per UNCITRAL rules, thus allowing the review petition to proceed. The Court clarified that the earlier decision was final and not subject to review, reaffirming the judicial nature of the Chief Justice's appointment powers under the Act.

M/S JAIN STUDIOS LIMITED THROUGH ITS PRESIDENT vs SHIN SATELLITE PUBLIC CO. LTD. · Niyam