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 jurisdiction to the Indian courts for arbitration matters. The Court emphasized that the arbitration agreement's venue and governing law can be determined by the parties, but the Indian courts retain the authority to appoint an arbitrator when disputes arise under the Indian Arbitration Act, 1940.