TDM INFRASTRUCTURE PRIVATE LIMITED versus UE DEVELOPMENT INDIA PRIVATE LIMITED

TDM INFRASTRUCTURE PRIVATE LIMITED versus UE DEVELOPMENT INDIA PRIVATE LIMITED

Both companies being incorporated in India and domiciled in India, their arbitration agreement is not an international commercial arbitration agreement under s. 2(1)(f) of the 1996 Act, and the Supreme Court has no jurisdiction to appoint an arbitrator in such matter.

Parties
Appellant: TDM Infrastructure Private Limited; Respondent: UE Development India Private Limited
Jurisdiction
India
Judgment Date
14 May 2008
Procedural Posture
Arbitration Petition / Original Civil Jurisdiction, Application for Appointment of Arbitrator
Outcome
Application dismissed
Legal Topics
International Commercial Arbitration, Company Nationality, Jurisdiction for Appointment of Arbitrator
Arbitration International Commercial Arbitration Company Nationality Jurisdiction for Appointment of Arbitrator

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Parties

TDM Infrastructure Private Limited

Appellant

UE Development India Private Limited

Respondent

Procedural Posture

Arbitration Petition / Original Civil Jurisdiction, Application for Appointment of Arbitrator

Legal Issues

  1. 1 Whether an arbitration agreement between two Indian incorporated companies constitutes an international commercial arbitration under the Arbitration and Conciliation Act, 1996.
  2. 2 Whether Supreme Court has jurisdiction to appoint an arbitrator in the present case.

Ratio Decidendi

Both companies being incorporated in India and domiciled in India, their arbitration agreement is not an international commercial arbitration agreement under s. 2(1)(f) of the 1996 Act, and the Supreme Court has no jurisdiction to appoint an arbitrator in such matter.

Court Disposition

Application dismissed

Orders

  • Supreme Court has no jurisdiction to appoint arbitrator.
  • Application dismissed with costs.