STANDARD CORROSION CONTROLS PVT. LTD. versus SARKU ENGINEERING SERVICES SON BHD

STANDARD CORROSION CONTROLS PVT. LTD. versus SARKU ENGINEERING SERVICES SON BHD

Since Article X of the agreement provides for arbitration to be held at Mumbai applying the Arbitration Rules of the ICC, the applicant must make a request to the ICC Secretariat for appointment of an arbitrator. The application under Section 11(5) to the Supreme Court is not maintainable when the contract prescribes a specific procedure and the applicant has not followed it.

Parties
Applicant: Standard Corrosion Controls Pvt. Ltd.; Respondent: Sarku Engineering Services Sdn Bhd
Jurisdiction
India
Judgment Date
11 November 2008
Procedural Posture
Arbitration Application / Final Disposition
Outcome
Application dismissed
Legal Topics
Appointment of Arbitrator, Arbitration Procedure, International Chamber of Commerce Arbitration Rules
Arbitration Appointment of Arbitrator Arbitration Procedure International Chamber of Commerce Arbitration Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Standard Corrosion Controls Pvt. Ltd.

Applicant

Sarku Engineering Services Sdn Bhd

Respondent

Procedural Posture

Arbitration Application / Final Disposition

Legal Issues

  1. 1 Whether the Supreme Court can appoint an arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 when parties have agreed to ICC rules.
  2. 2 Whether Arbitration Rules of the International Chamber of Commerce override the procedure in the Arbitration and Conciliation Act, 1996.

Ratio Decidendi

Since Article X of the agreement provides for arbitration to be held at Mumbai applying the Arbitration Rules of the ICC, the applicant must make a request to the ICC Secretariat for appointment of an arbitrator. The application under Section 11(5) to the Supreme Court is not maintainable when the contract prescribes a specific procedure and the applicant has not followed it.

Court Disposition

Application dismissed

Orders

  • Arbitration Application is not maintainable and is dismissed.