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.