M/S ZHEJIANG BONLY ELEVATOR GUIDE RAIL MANUFACTURE CO. LTD. vs M/S JADE ELEVATOR COMPONENTS

The Supreme Court, while adjudicating an arbitration petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, held that the dispute resolution clause in the Commission Processing Contract allowed for arbitration after failed consultation. The Court emphasized that the clause did not mandate court adjudication, thus affirming the petitioner's right to seek arbitration. The Court appointed a sole arbitrator to resolve the disputes arising from the contract, thereby upholding the arbitration agreement between the parties.