In Brief
Balasore Alloys sought appointment of an arbitrator under Clause 7 of purchase orders, but Medima contended that disputes should be resolved under Clause 23 of a comprehensive Pricing Agreement dated 31.03.2018, under which an ICC tribunal had already been constituted. The Supreme Court held that where two agreements between the same parties contain different arbitration clauses relating to overlapping disputes, the clause in the comprehensive main agreement governs. The nature of the parties' actual dispute—involving pricing, deductions, and accounting—fell within the Pricing Agreement's scope. The Court dismissed both the arbitration petition and special leave petition, holding the ICC tribunal validly constituted under the Pricing Agreement."
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