COX & KINGS LTD. versus SAP INDIA PVT. LTD. & ANR.

COX & KINGS LTD. versus SAP INDIA PVT. LTD. & ANR.

The Court found the prima facie existence of an arbitration agreement under Clause 15.7 of the GTC agreement and hence allowed the Section 11 petition to appoint an arbitrator; complex factual and legal questions including whether the non-signatory Respondent No.2 is party to the arbitration agreement are to be decided by the arbitral tribunal under Section 16 after evidence and submissions.

Parties
Petitioner: Cox & Kings Ltd.; Respondent No. 1: SAP India Pvt. Ltd.; Respondent No. 2: SAP SE GMBH (Germany)
Jurisdiction
India
Judgment Date
09 September 2024
Procedural Posture
Arbitration Petition Under Section 11(6) Read With Section 11(12)(a) of the Arbitration and Conciliation Act, 1996 / Hearing on Petition for Appointment of Arbitrator; Final Order Appointing Sole Arbitrator by the Supreme Court
Outcome
Petition allowed
Legal Topics
Appointment of Arbitrator, Existence of Arbitration Agreement, Impleadment of Non Signatory Party, Prima Facie Determination at Referral Stage, Competence Competence, Group of Companies Doctrine, Referral Stage Jurisdiction
Arbitration and Conciliation Act, 1996 Insolvency and Bankruptcy Code, 2016 Companies Act, 1956 Commercial Contract Law Appointment of Arbitrator Existence of Arbitration Agreement Impleadment of Non Signatory Party Prima Facie Determination at Referral Stage +3 more

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Parties

Cox & Kings Ltd.

Petitioner

SAP India Pvt. Ltd.

Respondent No. 1

SAP SE GMBH (Germany)

Respondent No. 2

Procedural Posture

Arbitration Petition Under Section 11(6) Read With Section 11(12)(a) of the Arbitration and Conciliation Act, 1996 / Hearing on Petition for Appointment of Arbitrator; Final Order Appointing Sole Arbitrator by the Supreme Court

Legal Issues

  1. 1 Whether an arbitrator should be appointed under s.11(6) r/w s.11(12)(a) of the Act, 1996
  2. 2 Whether the requirement of prima facie existence of an arbitration agreement is satisfied
  3. 3 Whether Respondent No. 2 (non-signatory) is a party to the arbitration agreement

Ratio Decidendi

The Court found the prima facie existence of an arbitration agreement under Clause 15.7 of the GTC agreement and hence allowed the Section 11 petition to appoint an arbitrator; complex factual and legal questions including whether the non-signatory Respondent No.2 is party to the arbitration agreement are to be decided by the arbitral tribunal under Section 16 after evidence and submissions.

Court Disposition

Petition allowed

Orders

  • Shri Justice Mohit S. Shah, former Chief Justice of the High Court of Judicature at Bombay, appointed as sole arbitrator
  • Fees and modalities of the arbitrator to be fixed in consultation with the parties