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ARTICLE · 04 APRIL 2017

SC On The Significance Of Seat Of Arbitration

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Recently, the Hon'ble Supreme Court of India in the case of Imax Corporation versus E City Entertainment India Private Limited has affirmed the significance of the relationship between the seat of...

IndiaLitigation, Mediation & Arbitration
Sachin Mandlik
Sachin Mandlik
Vishal Shriyan
Vishal Shriyan
Jaideep Singh Khattar
Jaideep Singh Khattar
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Introduction

Recently, the Hon'ble Supreme Court of India (Supreme Court) in the case of Imax Corporation versus E City Entertainment India Private Limited (Civil Appeal No. 3885 of 2017 decided on 10 March 2017) has affirmed the significance of the relationship between the seat of arbitration and the law governing the arbitration contract upholding that the parties in the case intended to expressly exclude the provisions of Part I of the Arbitration and Conciliation Act, 1996 (1996 Act).

Background

Imax Corporation (Imax) and E City Entertainment India Private Limited (E City) had entered into an agreement dated 28 September 2000 for the supply of large format projection systems in cinema theatres. The arbitration clause in the agreement read as follows:

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