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.