Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interpretation of Statutes – Doctrine of Harmonious Construction Commercial Courts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Commercial Courts, Commercial Division and CommercialAppellate Division of High Courts Act, 2015:s.13(1) – Appeal under – Against enforcement of foreign award– Maintainability of – Commercial Division of High Court passedorder enforcing foreign award – Appeal against u/s. 13(1) –Dismissed on the ground that since an appeal did not lie from ajudgment enforcing a foreign award under s. 50 of Arbitration Act,no such appeal would be maintainable under Commercial CourtsAct – On appeal, held: s.50 is a provision contained in a selfcontained code on matters of arbitration – s.13(1) is a generalprovision vis-a-vis arbitration – Applying the doctrine of harmoniousconstruction of both the statutes, they are best harmonised by givingeffect to the special statute i.e. Arbitration Act vis-a-vis the moregeneral statute i.e. Commercial Courts Act – Therefore, an appealnot maintainable u/s. 50 of Arbitration Act would not be maintainableu/s. 13(1) of Commercial Courts Act – An interpretation contrary tothis would be directly contrary to the object sought to be achievedby Commercial Courts Act viz. speedy resolution of disputes –Arbitration and Conciliation Act 1996 – s.50 – Interpretation ofStatutes – Doctrine of Harmonious Construction. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2018 INSC 113 |
Petitioner | Kandla Export Corporation & Anr. |
Respondent | M/s Oci Corporation & Anr. |
SCR | [2018] 1 S.C.R. 915 |
Judgement Date | 2018-02-07 |
Case Number | 1661 |
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