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july 2007

Supreme Court of India · 2007-07-31

M/S AUROHILL GLOBAL COMMODITIES LTD. vs M/S M.S.T.C. LTD.

Citation / case number
SC 2006/32743
Court
Supreme Court of India
Petitioner
M/S AUROHILL GLOBAL COMMODITIES LTD.
Respondent
M/S M.S.T.C. LTD.
Author
KAPADIA
Bench
S.H. KAPADIA J

Judgment text excerpt

The Supreme Court held that under Section 11(5) and Section 11(9) of the Arbitration and Conciliation Act, 1996, the appointment of arbitrators is warranted when there is a valid arbitration agreement. The Court found that the arbitration clause in the purchase order between M/s Aurohill Global Commodities Ltd. and M/s M.S.T.C. Ltd. was binding, and thus the dispute should be referred to arbitration in London as stipulated. The Court ordered the appointment of arbitrators to resolve the dispute, affirming the jurisdictional clause favoring London courts.

M/S AUROHILL GLOBAL COMMODITIES LTD. vs M/S M.S.T.C. LTD. · Niyam