Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.11 Arbitration and Conciliation Act Application under |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 |
Case Type | Arbitration Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996: s.11 – Application under – Seeking appointment of sole arbitrator – Sustainability of – 37 Purchase Orders placed by respondent in favour of applicant – Parties also entered into agreement dated 31.03.2018 relating to same transaction – Application for appointment of arbitrator by applicant relying on Clause 7 of the 37 Purchase Orders – Plea of respondent that entire transaction was governed by agreement dated 31.03.2018 which was an ‘Umbrella Agreement’ and as per Clause 23 thereof, Arbitral Tribunal had already been constituted by International Chamber of Commerce (ICC) – Held: In view of the nature of dispute that has been raised by the applicant with regard to the price and terms of payment including recovery etc., the parties would be governed by Clause 23 of the agreement dated 31.03.2018 and not by Clause 7 of Purchase Orders – Therefore, Special leave Petition as regards the applicant’s grievance against Constitution of Arbitral Tribunal by ICC is also not liable to be entertained. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2020 INSC 550 |
Petitioner | Balasore Alloys Limited |
Respondent | Medima Llc |
SCR | [2020] 6 S.C.R. 1036 |
Judgement Date | 2020-09-16 |
Case Number | 15 |
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