Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2008

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.

M/S Shivnath Rai Harnarain (India) Ltd vs M/S. Abdul Ghaffar Abdul Rehman(Dead) ... · Niyam