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NEELA GOKHALE
Hyundai Construction Equipment India Pvt. Ltd. – Appellant
Versus
Saumya Mining Limited – Respondent
JUDGMENT :
NEELA GOKHALE, J.
1. The petition seeks appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (“Act”) to decide the dispute that has arisen between the parties out of agreements dated 1st October 2011 and 26th September 2013. Both the agreements are executed at Kolkata, West Bengal. The Petitioner (“Hyundai”) is a company engaged in the manufacture and supply of heavy construction equipment having all India operations. The Respondents (“Saumya”) is also a company engaged in the business of mining and undertaking infrastructure projects. Saumya has their registered offices in Kolkata.
2. By agreement dated 1st October 2011, Hyundai agreed to deliver to Saumya specified equipment for a purchase consideration. The agreement contains schedule pertaining to installments in which the purchase price would be paid by Saumya to Hyundai. Clause 25 of the agreement pertains to reference to arbitration in case of any dispute. It reads as thus:
The main legal point established in the judgment is that the Court with jurisdiction to entertain an application under Section 11 of the Act is the one where the cause of action and the application w....
The court upheld party autonomy, determining that the High Court has jurisdiction to appoint a Sole Arbitrator even with an exclusive jurisdiction clause designating Gurugram as the venue.
Jurisdiction for arbitration petitions must align with the exclusive contractually specified jurisdiction, confirming that the High Court lacked authority to entertain the application under Section 1....
The appointment of the arbitrator must be in accordance with the arbitration agreement and must satisfy the provisions of the arbitration act.
It is a settled position of law that Section 42 of the Act would not apply to an application that has been filed under Section 11 of the Act.
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