M/S DOZCO INDIA P. LTD. versus M/S DOOSAN INFRACORE CO. LTD.

M/S DOZCO INDIA P. LTD. versus M/S DOOSAN INFRACORE CO. LTD.

Articles 22 and 23 of the distributorship agreement between the parties clearly specify Korean law as governing law and Seoul, Korea as the seat of arbitration, and the application of ICC Rules, thus expressly excluding Part I of the Arbitration and Conciliation Act, 1996 and ousting the jurisdiction of Indian courts to appoint an arbitrator under Section 11(6).

Parties
Petitioner: DOZCO INDIA P. LTD.; Respondent: DOOSAN INFRACORE CO. LTD.
Jurisdiction
India
Judgment Date
08 October 2010
Procedural Posture
Arbitration Petition / Final Decision
Outcome
petition dismissed
Legal Topics
Appointment of Arbitrator, Jurisdiction Under Arbitration and Conciliation Act, 1996, Exclusion of Part I of Act, Choice of Seat and Curial Law
Arbitration Law International Commercial Arbitration Appointment of Arbitrator Jurisdiction Under Arbitration and Conciliation Act, 1996 Exclusion of Part I of Act Choice of Seat and Curial Law

Case Brief

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Parties

DOZCO INDIA P. LTD.

Petitioner

DOOSAN INFRACORE CO. LTD.

Respondent

Procedural Posture

Arbitration Petition / Final Decision

Legal Issues

  1. 1 Whether the Supreme Court of India has jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator in an international arbitration where the seat of arbitration is outside India.
  2. 2 Whether the distributorship agreement between an Indian and a foreign company expressly excluded Part I of the Arbitration and Conciliation Act, 1996.

Ratio Decidendi

Articles 22 and 23 of the distributorship agreement between the parties clearly specify Korean law as governing law and Seoul, Korea as the seat of arbitration, and the application of ICC Rules, thus expressly excluding Part I of the Arbitration and Conciliation Act, 1996 and ousting the jurisdiction of Indian courts to appoint an arbitrator under Section 11(6).

Court Disposition

petition dismissed

Orders

  • Arbitration petition dismissed without costs.