Supreme Court of India · 2008-08-25
M/S. INDTEL TECHNICAL SERVICES PVT.LTD. vs W.S. ATKINS PLC.
- Citation / case number
- SC 2006/20133
- Court
- Supreme Court of India
- Petitioner
- M/S. INDTEL TECHNICAL SERVICES PVT.LTD.
- Respondent
- W.S. ATKINS PLC.
- Author
- ALTAMAS KABIR, , , ,
- Bench
- ALTAMAS KABIR, , , ,
Judgment text excerpt
The Supreme Court addressed the applicability of the Arbitration and Conciliation Act, 1996, particularly Section 11, in the context of an international commercial arbitration agreement governed by the laws of England and Wales. The Court held that despite the governing law being foreign, the Indian courts retain jurisdiction to appoint an arbitrator under Section 11, as Part-I of the Act applies to both domestic and international arbitrations. The judgment reaffirmed the principle established in Bhatia International vs. Bulk Trading S.A., confirming that the jurisdiction of Indian courts is not ousted by the choice of foreign law in arbitration agreements.