RITE APPROACH GROUP LTD. versus M/S. ROSOBORONEXPORT

RITE APPROACH GROUP LTD. versus M/S. ROSOBORONEXPORT

Since the arbitration clause in the Agency Agreement categorically states disputes shall be referred to the Arbitration Court under the Chamber of Commerce and Trade of the Russian Federation, the Supreme Court of India cannot assume jurisdiction to appoint an arbitrator.

Parties
Petitioner: RITE APPROACH GROUP LTD.; Respondent: ROSOBORONEXPORT
Jurisdiction
India
Judgment Date
16 November 2005
Procedural Posture
Arbitration Petition / Application Under Section 11(6) of Arbitration and Conciliation Act, 1996
Outcome
Petition rejected
Legal Topics
Jurisdiction, Appointment of Arbitrator, Enforcement of Arbitration Agreement
Arbitration Law Jurisdiction Appointment of Arbitrator Enforcement of Arbitration Agreement

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Parties

RITE APPROACH GROUP LTD.

Petitioner

ROSOBORONEXPORT

Respondent

Procedural Posture

Arbitration Petition / Application Under Section 11(6) of Arbitration and Conciliation Act, 1996

Legal Issues

  1. 1 Whether the Supreme Court of India has jurisdiction to appoint an arbitrator when the contract specifies arbitration in Russia.
  2. 2 Whether the arbitration clause ousts the jurisdiction of Indian courts.

Ratio Decidendi

Since the arbitration clause in the Agency Agreement categorically states disputes shall be referred to the Arbitration Court under the Chamber of Commerce and Trade of the Russian Federation, the Supreme Court of India cannot assume jurisdiction to appoint an arbitrator.

Court Disposition

Petition rejected

Orders

  • Application for appointment of arbitrator in India is rejected.