Shin-Etsu Chemical Co. Ltd v. Aksh Optifibre Ltd
India Supreme Court
XXXI Y.B. Comm. Arb. 747 (2006)
- Written by Mary Katherine Cunningham, JD
Facts
In November 2000, Shin-Etsu Chemical Co. (Shin-Etsu) (defendant) and Aksh Optifibre (Aksh) (plaintiff) entered a sales agreement that was governed by Japanese law. The sales agreement contained an arbitration clause providing for ICC arbitration in Tokyo, Japan. In December 2002, Shin-Etsu terminated the agreement and initiated arbitration in Japan. Aksh initiated a suit in Indian courts seeking an injunction to void the sales agreement. Shin-Etsu moved under § 8 of the Indian Arbitration and Conciliation Act of 1996 for an order to compel Aksh to engage with arbitration in Japan. The Indian trial court ordered Aksh to engage in arbitration. Aksh appealed to the Indian High Court, and the Indian High Court set aside the decision of the trial court. The high court found the trial court incorrectly applied the Indian Arbitration and Conciliation Act of 1996 by failing to apply Section 45 of the Indian Arbitration and Conciliation Act of 1996. Shin-Etsu appealed to the Indian Supreme Court, arguing that the matter should have been submitted to arbitration.
Rule of Law
Issue
Holding and Reasoning (Srikrishna, J.)
Dissent (Sabharwal, J.)
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