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october 2008

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.

M/S. Everest Holding Ltd vs Shyam Kumar Shrivastava & Ors · Niyam