Supreme Court of India · 2024-09-09
Cox And Kings Ltd vs Sap India Pvt. Ltd
- Citation / case number
- 2024 INSC 670
- Court
- Supreme Court of India
- Petitioner
- Cox And Kings Ltd
- Respondent
- Sap India Pvt. Ltd
- Author
- Dhananjaya Y. Chandrachud
- Bench
- Dhananjaya Y. Chandrachud
Judgment text excerpt
The Supreme Court held that under Section 11(6) and Section 11(12)(a) of the Arbitration & Conciliation Act, 1996, a party can seek the appointment of an arbitrator when a dispute arises under an arbitration clause in a contract. The Court emphasized that the existence of an arbitration agreement is a precondition for such appointment, and in this case, the arbitration clause in Clause 15.7 of the Services General Terms and Conditions Agreement was valid and enforceable. The Court directed the appointment of an arbitrator to resolve the disputes between Cox & Kings Ltd. and SAP India Pvt. Ltd.