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september 2024

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.

Cox And Kings Ltd vs Sap India Pvt. Ltd · Niyam