In Brief
Ruby Chemicals agreed with Charabot Group to resolve disputes exclusively under International Chamber of Commerce (ICC) Rules. After a High Court Section 8 order referred the parties to arbitration, Ruby Chemicals filed a claim under ICC procedures for Rs. 20.4 crores. When Charabot refused to pay its share of arbitration costs, the ICC suspended the proceedings. Ruby Chemicals then sought to invoke domestic arbitration under the 1996 Act, but Charabot insisted on ICC-only arbitration. The Supreme Court held that since the agreed ICC process had become abortive and Charabot refused non-ICC arbitration, the earlier High Court referral order was superseded. The Court allowed Ruby Chemicals to pursue the original suit in the Calcutta High Court.
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