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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 (6)

To appoint an Arbitrator - International arbitration - Distributorship Agreement - Disputes - Petitioner issued notice for appointment of an Arbitrator - Not done - Petition filed - Whether this Court would be justified and have the jurisdiction to appoint an Arbitrator under Section 11 (6) of the Act - Held - No - Language of Article 22 and 23 of the Distributorship agreement - Clearly indicated - Disputes arising out of the Agreement - Finally settled by arbitration in Seoul, Korea - Rules applicable were the Rules of International Chamber of Commerce - Court held - Interpretation of Article 23.1 suggests - Law governing the arbitration will be Korean law - Seat of arbitration will be Seoul in Korea - No question of applicability of Section 11(6) of the Act- Petition dismissed - No costs.

Topic(s)-Appoint an Arbitrator , Distributorship Agreement