What is the venue of arbitration in a case where arbitration clause in invoice provides venue of the Arbitration at different location than arbitration clause in Purchase Order?- Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Ltd. – Bombay High Court
In this case, the Applicant invoked arbitration under clauses of the invoices raised by the Applicant upon the Respondent which provided that the venue of the Arbitration shall be Mumbai. The contention of the Respondent is that the purchase orders issued by the Respondent to the Applicant contained an Arbitration Clause which provided that the venue of the Arbitration would be Kolkata.
High Court of Bombay applying the ratio of the Balasore Alloys Limited Vs. Medima LLC (2020) ibclaw.in 148 HC to the present case held that in the present case, the purchase orders issued by the Respondent are comprehensive and encompass all the terms of the transaction between the parties, and therefore the Arbitration Clause contained in the said purchase orders would govern the parties and not the Arbitration Clause contained in the invoices issued by the Applicant. As held hereinabove, the same is more so because the parties have not expressly and specifically agreed that the Arbitration Clause contained in the purchase orders, which is the main agreement, would be superseded by the Arbitration Clause contained in the invoices issued by the Applicant.
