Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | International Chamber of Commerce Arbitration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration - Arbitration clause - Validity - Suit seekinginjunction against arbitration of disputes - Maintainability -Appellant filed request for arbitration in the International CChamber of Commerce (ICC), Paris in relation to anagreement of restructuring dated 12th January, 2002 byinvoking arbitration clause contained in Clause 15 of theagreement dated 12th January, 2002 - Dispute as whetherClause 7.5 of the subsequent Agreement dated 8th March, D2002 invoking the exclusive jurisdiction of the courts ofCalcutta nullified the scope of arbitration as mentioned in theagreement dated 12th January, 2002 - Suit filed byrespondents, seeking injunction against arbitration of disputesbetween the parties - Maintainability - Held: In view of the Eclauses of the Principal Agreement dated 12th January 2002and subsequent Agreements dated 8th March 2002 and 30thJuly, 2004, read with section 5 of the A&C Act, it is clear thatthe Arbitration clause in the Principal Agreement continuedto be valid in view of clause no. 6 of the Agreement dated 30th FJuly, 2004 and also by virtue of its mention in different partsof both the supplementary agreements dated 8th March, 2002and 30th July, 2004 - Appellant thus entitled to invoke thearbitration clause. for settling their disputes - Since, thearbitration clause was valid, suit filed by respondent no. 1 fordeclaration and permanent injunction against arbitration of Gdisputes between the parties unsustainable and liable to bedismissed - Parties directed to resolve their disputes througharbitration as mentioned in clause 15 of the letter of Agreement dated 12th January, 2002 in accordance with theRules of ICC - Rules of Arbitration of the InternationalChamber of Commerce - Arbitration and Conciliation Act,1996 - ss. 5, 16 and 45. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 817 |
Petitioner | Chatterjee Petrochem Co. & Anr |
Respondent | Haldia Petrochemicals Ltd. & Ors. |
SCR | [2013] 11 S.C.R. 1101 |
Judgement Date | 2013-12-10 |
Case Number | 10932 |
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