In Brief
Balasore Alloys sought appointment of a sole arbitrator under Clause 7 of its purchase orders with Medima LLC for various supply disputes. However, Medima had already invoked arbitration under Clause 23 of the main Pricing Agreement dated 31.03.2018, and a tribunal had been constituted by the ICC. The Court held that when two agreements between the same parties contain different arbitration clauses relating to overlapping matters, the main agreement's clause governs. The Pricing Agreement is comprehensive and governs pricing, payment terms, and deductions across all transactions. Therefore, Clause 23 of the Pricing Agreement applies, not Clause 7 of the purchase orders. The Arbitration Petition was dismissed.
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