YOGRAJ INFRASTRUCTURE LTD. versus SSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD.

YOGRAJ INFRASTRUCTURE LTD. versus SSANG YONG ENGINEERING AND CONSTRUCTION CO. LTD.

Where parties expressly agree that the seat of arbitration is Singapore and arbitral proceedings are to be conducted under SIAC Rules, the law of arbitration is the International Arbitration Act of Singapore (as per Rule 32), and Indian courts have no jurisdiction to entertain appeals under Section 37 of the Arbitration and Conciliation Act, 1996 against orders of the arbitral tribunal. Part I of the 1996 Act, including Section 37 and Section 42, do not apply to such proceedings.

Parties
Appellant: Yograj Infrastructure Ltd.; Respondent: SSang Yong Engineering and Construction Co. Ltd.
Jurisdiction
India
Judgment Date
01 September 2011
Procedural Posture
Civil Appeal / Appeal From High Court Dismissal of Revision Against District Court Order
Outcome
Appeal dismissed
Legal Topics
Seat of Arbitration, Curial Law, Proper Law, Applicability of Indian Arbitration Act, Jurisdiction of Indian Courts, SIAC Rules
International Commercial Arbitration Arbitration Law Contract Law Seat of Arbitration Curial Law Proper Law Applicability of Indian Arbitration Act Jurisdiction of Indian Courts +1 more

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Parties

Yograj Infrastructure Ltd.

Appellant

SSang Yong Engineering and Construction Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Dismissal of Revision Against District Court Order

Legal Issues

  1. 1 Whether Indian courts have jurisdiction to entertain appeals against orders of the arbitral tribunal when the seat of arbitration is Singapore
  2. 2 Whether Part I of the Arbitration and Conciliation Act, 1996 and Section 37 thereof apply to arbitral proceedings with seat in Singapore and governed by SIAC Rules
  3. 3 Distinction between proper law (governing contract) and curial law (governing procedure)

Ratio Decidendi

Where parties expressly agree that the seat of arbitration is Singapore and arbitral proceedings are to be conducted under SIAC Rules, the law of arbitration is the International Arbitration Act of Singapore (as per Rule 32), and Indian courts have no jurisdiction to entertain appeals under Section 37 of the Arbitration and Conciliation Act, 1996 against orders of the arbitral tribunal. Part I of the 1996 Act, including Section 37 and Section 42, do not apply to such proceedings.

Court Disposition

Appeal dismissed

Orders

  • All interim orders vacated
  • No order as to costs