SUPREME COURT
V. S. Sirpurkar, J.
Dozco India P. Ltd. (M/s) v. M/s Doosan Infracore Co. Ltd.
| Table of Content |
|---|
| 1. introduction of the case and parties. (Para 1 , 2) |
| 2. disputes arising from the distributorship agreement. (Para 3 , 4) |
| 3. arguments surrounding jurisdiction and arbitration agreement. (Para 8 , 9 , 10) |
| 4. court's interpretation of the arbitration clause. (Para 12 , 13) |
| 5. final ruling and conclusion. (Para 14) |
1. This is a petition under S.11(6) of the Arbitration and Conciliation Act (hereinafter called 'the Act'). While the petitioner is registered under the Companies Act, 1956, the respondent is a company incorporated in Seoul, South Korea with its principle place at Seoul. The disputes have arisen in between these two companies out of a Distributorship Agreement which was entered between the parties on 2.2.2004. By this, the petitioner was to be the exclusive distributor of the respondent in India and Bhutan for its products like Excavators, Wheel Loaders etc. Art.23 of the Distributorship Agreement provides for the resolution of disputes by arbitration. Since the disputes have arisen in between the two companies and since one of the companies is based in Seoul, South Korea, the present petition has been filed treating this to be an international arbitration. T
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