PRICOL LIMITED VERSUS JOHNSON CONTROLS ENTERPRISE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

ARBITRATION CASE (CIVIL) NO.30 OF 2014

PRICOL LIMITED …PETITIONER

VERSUS

JOHNSON CONTROLS ENTERPRISE LTD. & ORS. …RESPONDENTS

The parties are not in dispute that the “Singapore Chamber of Commerce” mentioned in clause 30.2 of the JVA is not an Arbitration Institution having any Rules for appointment of Arbitrators. However, construing the said reference to the “Singapore Chamber of Commerce” to be one to the “Singapore International Arbitration Centre” (“SIAC” for short), the first respondent, invoking the arbitration clause, had moved the said Authority i.e. SIAC for appointment of an Arbitrator. This was so done on 5thSeptember, 2014. A copy of the said notice/intimation was received by the petitioner on 11th September, 2014. Thereafter, the petitioner had instituted the present proceeding on 15th September, 2014. In the meantime, the SIAC, exercising its powers under Section 8(2) read with Section 8(3) of the Singapore International Arbitration Act (Cap. 143A)(for short “the IAA”), had appointed one Mr. Steven Y.H. Lim as the sole Arbitrator. In a preliminary meeting between the parties and the learned sole Arbitrator held on 30th October, 2014, it was indicated by the petitioner that it would be challenging the jurisdiction of the sole Arbitrator appointed by the SIAC. Accordingly, on directions of the learned sole Arbitrator, there has been an exchange of written submissions on the issue of jurisdiction. A hearing on the question of jurisdiction was also held in Singapore on 18th November, 2014.Thereafter, by a partial award, dated 27th November, 2014, the sole Arbitrator had ruled that the appointment made by the SIAC under the IAA is valid as the parties have expressly agreed that Singapore would be the seat of Arbitration….read more