Authority: Supreme Court of India (Chief Justice Surya Kant, Justices Joymalya Bagchi & V. Mohana)
Order Date: 15 September 2026
Case Overview
- Petitioners: CEC‑SAM INDIA (NC‑01) Joint Venture.
- Respondent: Delhi Metro Rail Corporation.
- Petitions No.66/2026 and 67/2026 filed under Section 11(6) & 11(12)(A) of the Arbitration and Conciliation Act, 1996 seeking appointment of a nominee arbitrator for disputes arising from General Conditions of Contract NC‑01, NC‑02, NC‑03 dated 25‑06‑2015.
- Respondent objected that the JV is not a foreign entity, arguing the petition is not maintainable before the Supreme Court.
- Petitioners sought permission to withdraw the petitions and approach the appropriate High Court.
- Court granted permission, clarified that Respondent cannot challenge High Court jurisdiction on the basis that the JV includes foreign entities.
Final Outcome
- Both arbitration petitions (Nos.66/2026 and 67/2026) are disposed of as withdrawn.
- All pending applications, if any, are also disposed of.
- Respondent is barred from raising jurisdictional objections concerning foreign‑entity composition of the JV in the High Court.
Topics: Arbitration, Judicial Procedure, Corporate Dispute