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‘Seat of Arbitration’ instead of ‘Place of Arbitration’ was basis to determine supervisory power of a Court over arbitration
Case Law Details
- Case Name
- Mankastu Impex Private Limited Vs Airvisual Limited (Supreme Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Mankastu Impex Private Limited Vs Airvisual Limited (Supreme Court)
Conclusion: Since the reference to Hong Kong as ‘place of arbitration’ was not a simple reference as the ‘venue’ for the arbitral proceedings; but a reference to Hong Kong was for final resolution by arbitration administered in Hong Kong, therefore, the dispute between assessee-company in India and respondent company in Hong Kong shall be administered arbitration in Hong Kong and Section 11 of the Arbitration and Conciliation Act, 1976 had no application to “International Commercial Arbitrations...


