Disortho and Meril executed an Agreement for distribution of medical products in Colombia. Clause 16.5, clear and unambiguous, explicitly states, entire Agreement shall be governed by and construed in accordance with laws of India and all matters arising from Agreement shall fall under jurisdiction of Courts in Gujarat. Given this, it is reasonable to assume, when drafting Clause 16.5, parties were fully aware of Clause 18, which provides for Arbitration and Conciliation under Arbitration and Conciliation Centre of Chambers of Commerce in Bogotá . In our view, Bogotá has been designated as venue for Conciliation and Arbitration, while Courts in Gujarat retain exclusive jurisdiction over disputes.

Learned Counsel for both Meril and Disortho unanimously stated, parties are agreeable to Arbitration being held in India!

– Hon’ble Chief Justice of India, Hon’ble Justice Sanjiv Khanna, Disortho S.A.S. v. Meril Life Sciences Private Limited, [Arbitration Petition No. 48 of 2023].