A bench headed by Chief Justice Altamas Kabir dismissed Antrix's plea which had contended that as per their agreement and tender conditions, the place of arbitration was Bangalore and sought seeking its direction for conducting arbitration proceeding in India.
After analysing the arbitration agreement, the bench said Devas is entitled to approach ICA.
"In view of the language of Article 20 of the Arbitration Agreement which provided that the arbitration proceedings would be held in accordance with the rules and procedures of the International Chamber of Commerce(ICC) or United Nations Commission on International Trade Law (UNCITRAL0, Devas was entitled to invoke the Rules of Arbitration of the ICC for the conduct of the arbitration proceedings," the bench said.
The contract was terminated by the government on February 25, 2011 after a controversy broke out on the agreement and the Cabinet Committee on Security had scrapped the deal citing strategic reasons. Thereafter, Devas approached ICA for arbitration.