LAW FOR ALL

Arbitration & Conciliation Act - Jurisdiction of Indian courts or English courts - German company established an Indian company under name & Style - Enercon (India) Ltd. (hereinafter referred to as “EIL”), in 1994 EIL, having its registered office at Daman in joint venture with respondents - Apex court held that neither party belongs to England nor the business meant for England - mere mentioning of venue as London, does not confer the English courts with jurisdiction over the disputed subject - and further held that when arbitration clause was mentioned - non- clarity about the number of arbitrators does not invalid the Arbitration clause and further held that Anti suit injunction restraining a party from initiating proceeding in England is maintainable as the English courts have no jurisdiction over the subject matter - further directed the parties to go with arbitration proceedings as per Indian laws = Enercon (India) Ltd. & Ors. …Appellants VERSUS Enercon GMBH & Anr. ...Respondents= 2014 (Feb.Part) judis.nic.in/supremecourt/filename=41227