NDLI: Union of India Vs. Reliance Industries Limited & Ors.

Union of India Vs. Reliance Industries Limited & Ors.

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Union of India Vs. Reliance Industries Limited & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	for Tapta and Panna Mukta oil and gas fields between Union of India and the companies - Dispute between the parties - Invocation of arbitration clause and appointment of arbitrator -Arbitration agreement between the parties that arbitration agreement would be governed by English law and the juridical seat of arbitration is s. 14 - Seat of arbitration outside India -Applicability of Part I of the Act - Product Sharing Contracts(PSC) - Execution of Arbitration and Concilliation Act 1996 - Part I
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Arbitration and Conciliation Act, 1996 - Part I, s. 14 -Seat of arbitration outside India -Applicability of Part I of theAct - Product Sharing Contracts(PSC) - Execution of, forTapta and Panna Mukta oil and gas fields between Union ofIndia and the companies - Dispute between the parties -Invocation of arbitration clause and appointment of arbitrator-Arbitration agreement between the parties that arbitrationagreement would be governed by English law and the juridicalseat of arbitration is London - Certain disputes under PSC -Initiation of arbitration proceedings in London by UOI- Finalpartial award by arbitral tribunal - Petition filed u/s. 34 byUOI for setting aside the arbitration award and the High Courtheld the same to be maintainable- In appeal, Supreme Courtset aside the order passed by the High Court holding thatPart I of the Act was not applicable and it was necessarilyexcluded being wholly inconsistent with the arbitrationagreement - On basis thereof, High Court dismissed theappeal pending uls. 14 as not maintainable - Review petitionas also curative petition against the Supreme Court judgmentalso dismissed - In SLP, held: Arbitration agreements beingprior to Bharat Aluminium Company's judgment, would begoverned by Bhatia International wherein it was held that Part-I would not apply if it is excluded by necessary implication,the juridical seat of arbitration is outside India or the lawgoverning the arbitration agreement is a law other than Indianlaw- In the instant case, this Court had already determinedthat the juridical seat of the arbitration is at London and thearbitration agreement is governed by English law, thus, it wasnot open to UOI to argue that Part-I would be applicable -Valiant attempt to reopen a question settled twice by dismissalof review petition and curative petition on the very sameground, to meet with the same fate -As regards the plea thatres judicata would not attach to questions relating tojurisdiction, would not apply as the effect of clause of the PSCraises a mixed question of fact and law and not a purequestion of jurisdiction unrelated to facts - Thus, both on resjudicata as w,ell as the law laid down by Supreme Court,application uls. 14 to be dismissed - It is also an abuse ofthe process of the Court as only after moving under theUNCITRAL Arbitration Rules and getting an adversejudgment from the Permanent Court of Arbitration theapplication was filed u/s. 14 - Thus, the order of High Courtis upheld.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2015 INSC 692
Petitioner	Union Of India
Respondent	Reliance Industries Limited & Ors.
SCR	[2015] 10 S.C.R. 85
Judgement Date	2015-09-22
Case Number	11396

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