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october 2010

Supreme Court of India · 2010-10-08

M/S Dozco India P.Ltd vs M/S Doosan Infracore Co.Ltd

Citation / case number
AIR 2011 SC (CIVIL) 334
Court
Supreme Court of India
Petitioner
M/S Dozco India P.Ltd
Respondent
M/S Doosan Infracore Co.Ltd
Author
V.S. Sirpurkar
Bench
V.S.Sirpurkar

Judgment text excerpt

The Supreme Court addressed a petition under Section 11(6) of the Arbitration and Conciliation Act regarding the appointment of an arbitrator in a dispute arising from a Distributorship Agreement between an Indian company and a South Korean company. The Court held that the arbitration clause in Article 23 of the Agreement, which mandates arbitration in Seoul, Korea under the rules of the International Chamber of Commerce, excludes the jurisdiction of Indian courts. Consequently, the petition was dismissed as maintainable in India, affirming the parties' agreement on the governing law and arbitration location.

M/S Dozco India P.Ltd vs M/S Doosan Infracore Co.Ltd · Niyam