Supreme Court of India · 2008-10-24
M/S. EVEREST HOLDING LTD. vs SHYAM KUMAR SHRIVASTAVA .
- Citation / case number
- SC 2006/31784
- Court
- Supreme Court of India
- Petitioner
- M/S. EVEREST HOLDING LTD.
- Respondent
- SHYAM KUMAR SHRIVASTAVA .
- 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 arbitration clauses in agreements, affirming that disputes should be resolved through arbitration as stipulated in the JVA. The petition was allowed, and an arbitrator was appointed to resolve the disputes between the parties, reinforcing the principle that arbitration is a preferred method for dispute resolution in commercial agreements.