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october 2008

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.

M/S. EVEREST HOLDING LTD. vs SHYAM KUMAR SHRIVASTAVA . · Niyam