Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | international commercial arbitration Arbitration and Conciliation Act 1996 Challenge to foreign awards |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996 — Part I, s. 34 - International commercial arbitration - Challenge to foreign awards — Disputes between parties referred to arbitration - Arbitration proceedings in England -- Foreign awards passed in favour of respondent — Applications u/s. 34 by appellant -- Dismissed by District Judge as also High Court - Issue as regards whether the parties by agreement, express or implied, have excluded wholly or partly, Part I of the Arbitration Act — Held: From the clauses of the arbitration agreement, it is clear that law governing the arbitration agreement is English Law, thus, there is a implied exclusion of Part I of the Arbitration Act — View taken by the High Court that the applications filed by appellant u/s. 34 are not maintainable against the foreign awards between the parties, upheld. Interpretation — Interpretation of Act, Rule or Regulation/ deeds, treaties, settlements in court/documents made by laymen like Wills — Approach by the court — Held: Court has to make different approaches depending upon the instrument falling for interpretation — Legal quality or perfection of the document is comparatively low in the third category, high in second and higher in first -- In the process of interpretation in the first category, the courts gather the purpose of the legislation, its context and text - In the second category also, the text as well as the purpose is important — In the third category, intention alone of the executor is relevant. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2016 INSC 96 |
Petitioner | Bharat Aluminium Company |
Respondent | Kaiser Aluminium Technical Services Inc. |
SCR | [2016] 1 S.C.R. 364 |
Judgement Date | 2005-01-28 |
Case Number | 7019 |
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