Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2024

Supreme Court of India · 2024-11-07

M/S Arif Azim Co. Ltd vs M/S Micromax Informatics Fze

Citation / case number
2024 INSC 850
Court
Supreme Court of India
Petitioner
M/S Arif Azim Co. Ltd
Respondent
M/S Micromax Informatics Fze
Author
Dhananjaya Y. Chandrachud
Bench
Dhananjaya Y. Chandrachud

Judgment text excerpt

The Supreme Court addressed a petition under Section 11(6)(a) and Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator for disputes arising from a Consumer Distributorship Agreement. The Court established that the determination of the 'seat' of arbitration must be based on the law governing the arbitration agreement rather than the physical location of arbitration, emphasizing the application of the closest connection test. The Court held that the arbitration agreement was valid and enforceable, thereby allowing the referral of disputes to arbitration.

M/S Arif Azim Co. Ltd vs M/S Micromax Informatics Fze · Niyam