M/S. JAIN STUDIOS LTD. THROUGH. ITS PRESIDENT versus SHIN SATELLITE PUBLIC CO. LTD.

M/S. JAIN STUDIOS LTD. THROUGH. ITS PRESIDENT versus SHIN SATELLITE PUBLIC CO. LTD.

Review petition against order appointing sole arbitrator under Section 11(6) is maintainable under Article 137, but once the prayer for appointment of arbitrator was rejected in the main matter, it cannot be sought again through review; review jurisdiction cannot be used for a second hearing of the same issue.

Parties
Petitioner: Jain Studios Ltd. Through its President; Respondent: Shin Satellite Public Co. Ltd.
Jurisdiction
India
Judgment Date
11 July 2006
Procedural Posture
Review Petition (civil) (d) No. 5970 of 2006 / Disposition on Merits
Outcome
Review Petition Rejected
Legal Topics
Review of Supreme Court Orders, Appointment of Arbitrators, Maintainability of Review, UNCITRAL Arbitration Rules
Arbitration Constitutional Law Review of Supreme Court Orders Appointment of Arbitrators Maintainability of Review UNCITRAL Arbitration Rules

Case Brief

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Parties

Jain Studios Ltd. Through its President

Petitioner

Shin Satellite Public Co. Ltd.

Respondent

Procedural Posture

Review Petition (civil) (d) No. 5970 of 2006 / Disposition on Merits

Legal Issues

  1. 1 Whether a review petition is maintainable against an order passed by the Chief Justice of India or his nominee under Section 11(6) of the Arbitration and Conciliation Act, 1996
  2. 2 Whether the applicant may be permitted to nominate Hon'ble Mr. Justice Satpal as one of the arbitrators
  3. 3 Clarification of errors regarding applicant's stance in arbitration proceedings

Ratio Decidendi

Review petition against order appointing sole arbitrator under Section 11(6) is maintainable under Article 137, but once the prayer for appointment of arbitrator was rejected in the main matter, it cannot be sought again through review; review jurisdiction cannot be used for a second hearing of the same issue.

Court Disposition

Review Petition Rejected

Orders

  • Limited prayer for clarification of the applicant's stand granted.
  • Prayer for reconsideration of the order and nomination of arbitrator rejected.