Tdm Infrastructure Private Limited vs Ue Development India Pvt.Ltd

The Supreme Court addressed the jurisdictional issue regarding the appointment of an arbitrator under Section 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996. The Court held that despite the petitioner company being registered in India, the central management and control being exercised in Malaysia grants this Court jurisdiction to appoint an arbitrator. The Court emphasized the application of the 'real business test' as established in De Beers Consolidated Mines Limited v. Howe, affirming that the location of management is critical in determining jurisdiction.