M/S Zhejiang Bonly Elevator Guide Rail ... vs M/S Jade Elevator Components

The Supreme Court, in this arbitration petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, held that the dispute resolution clause in the Commission Processing Contract allows for arbitration if consultation fails. The Court emphasized that the clause does not mandate litigation in court but provides an option for arbitration, thus upholding the petitioner's right to appoint a sole arbitrator. The Court appointed Justice V.S. Agarwal as the sole arbitrator to adjudicate the claims arising from the contract.