In Brief
IBI Consultancy India Private Limited, the Indian subsidiary of Canadian-based IBI Group, contracted with DSC Limited (an Indian company) for toll and traffic control equipment installation on highway projects. After DSC defaulted on payments, IBI and its parent sought arbitration under contract clauses. The High Court held that because IBI Group (the parent) was incorporated outside India, the dispute constituted international commercial arbitration requiring Supreme Court intervention under section 11(9). The Supreme Court confirmed the arbitration agreement's existence in the contract documents and appointed a retired Supreme Court judge as sole arbitrator, affirming that parties may invoke judicial machinery to appoint arbitrators when they cannot mutually agree.
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