19 September, 2018
The Supreme Court of India in its judgment dated September 14, 2018 in M/s.Zhejiang Bonly Elevator Guide Rail Manufacturer Co. Ltd. Vs M/s Jade Elevator Components,(Arbitration Petition No. 22 of 2018) has clarified that in an arbitration Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, for seeking appointment of Arbitrator, emphasis should be on the intention of the parties while having entered into the contract and to have their disputes resolved by arbitration.
The Hon’ble Supreme Court further clarified that invoking of the arbitration clause is valid even when the Dispute Settlement Clause in the contract comprises of an option of getting the dispute adjudicated either by the Arbitration or by the Court.
For further information, please contact:
Mustafa Motiwala, Partner, Clasis Law
mustafa.motiwala@clasislaw.com
