VISA INTERNATIONAL LTD. vs CONTINENTAL RESOURCES (USA)LTD.

The Supreme Court, while adjudicating an application under Section 11(5) and (9) of the Arbitration and Conciliation Act, 1996, held that the interpretation of the Arbitration Clause in Article VI of the agreement dated 15.2.2005 is crucial for appointing an arbitrator. The Court emphasized that the parties' mutual agreement to incorporate a company and the obligations therein must be considered in light of the arbitration provisions. The Court directed the appointment of an arbitrator to resolve the disputes arising from the agreement, thereby upholding the enforceability of the arbitration clause.