Supreme Court of India · 2008-03-10
M/S Shivnath Rai Harnarain (India) Ltd vs M/S. Abdul Ghaffar Abdul Rehman(Dead) ...
- Citation / case number
- AIR 2008 SUPREME COURT 1906
- Court
- Supreme Court of India
- Petitioner
- M/S Shivnath Rai Harnarain (India) Ltd
- Respondent
- M/S. Abdul Ghaffar Abdul Rehman(Dead) ...
- Author
- H.K.Sema
- Bench
- H.K. Sema
Judgment text excerpt
The Supreme Court addressed the maintainability of an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, holding that the Indian courts have jurisdiction to appoint an arbitrator despite the previous arbitration being conducted in Singapore. The Court emphasized that the governing law being Indian law allows for such an application, and the prior award set aside by the Singapore High Court does not preclude the Indian court's authority to intervene. The petition for appointment of an arbitrator was thus deemed maintainable, allowing the applicant to proceed with arbitration in India.