In Brief
A company incorporated in India sought appointment of an arbitrator before the Indian Supreme Court under Section 11(6) of the Arbitration and Conciliation Act, 1996. The dispute arose from a Memorandum of Understanding between the Indian company and a Hong Kong-incorporated entity. The parties' arbitration agreement specified Hong Kong as the place of arbitration. The Supreme Court held that when the seat of arbitration is Hong Kong, Indian courts lack jurisdiction to appoint arbitrators or grant interim relief in that arbitration. The Court dismissed the petition, holding that the appropriate forum for arbitrator appointment is the Hong Kong International Arbitration Centre.
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