In Brief
A Mumbai monorail contract involved an un-incorporated consortium comprising L&T (Indian) and Scomi Engineering Bhd (Malaysian). The consortium sought arbitration under Section 11 of the Arbitration Act, arguing the case was an international commercial arbitration. The Supreme Court dismissed the petition, holding that a consortium constitutes a single legal entity (an 'association' under Section 2(1)(f)(iii), not Section 2(1)(f)(ii)) and cannot be treated as separate entities. Since the consortium's central management and control was exercised in India—with the Indian company as lead partner, its appointee chairing the supervisory board, and the office in Mumbai—no international commercial arbitration existed. The matter must proceed in domestic courts.
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