Supreme Court of India
Ibi Consultancy India Private Limited v. Dsc Limited
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered view that Arbitration clause exists in the Contract and we hold this point in favour of the petitioner-Company.
Judgment, page 5
From the headnote
Arbitration and Conciliation Act, 1996 – s.11(6) r/w s.11(9) – Appointment of arbitrator – The scope under s.11(6) read with s.11(9) is very limited to the extent of appointment of Arbitrator – The Court has to see whether there exists an Arbitration Agreement between the parties – While deciding the question of appointment of Arbitrator, court has not to touch the merits of the case as it may cause prejudice to the case of the parties – In the instant case, arbitration clause existed in the contract – Accordingly, sole arbitrator appointed to adjudicate the disputes.
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