In a relatively recent decision in Pricol Ltd. v. Johnson Controls Enterprises Ltd. & Ors. [Arbitration Case (Civil No. 30 of 2014) dated 16 December 2014], the Supreme Court of India addressed a pathological arbitration clause and referred the parties to arbitration by virtually re-drafting the clause. Although the parties agreed in their arbitration clause for arbitration under the Singapore Chamber of Commerce, the Singapore Chamber of Commerce was not an arbitral institution having Rules for appointment of arbitrators. The Supreme Court held that the most reasonable construction of the said clause was that the reference was actually to the Singapore International Arbitration Centre. This decision reflects a pro-arbitration approach that has been the feature of arbitration in India since 2012.

A short paper of this blawgger evaluates this decision.

First published here.

Original author: Badrinath Srinivasan