Supreme Court of India · 2008-10-24
M/S. Everest Holding Ltd vs Shyam Kumar Shrivastava & Ors
- Court
- Supreme Court of India
- Petitioner
- M/S. Everest Holding Ltd
- Respondent
- Shyam Kumar Shrivastava & Ors
- Author
- Mukundakam Sharma
- Bench
- Mukundakam Sharma
Judgment text excerpt
The Supreme Court addressed a petition for the appointment of an arbitrator under Section 11(6) and (9) of the Arbitration and Conciliation Act, 1996, arising from a Joint Venture Agreement (JVA) between a foreign company and an Indian citizen. The Court emphasized the binding nature of the arbitration clause in the JVA, which mandates that disputes be resolved through arbitration conducted by a retired High Court or Supreme Court judge. The petition was allowed, affirming the necessity of appointing an arbitrator to resolve the disputes as per the agreed terms of the JVA.