Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Law |
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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration Law – International Commercial Arbitration – Award passed in respondent’s favour in an international commercial arbitration proceeding between the appellant and respondent (foreign company) – Application filed by appellant u/s.34, Arbitration and Conciliation Act, 1996 against the respondent challenging the legality of the award passed – Respondent raised objections inter alia that Indian Courts have no jurisdiction to entertain such application – Objection upheld by High Court – Issue as to when the arbitration agreement specifies the “venue” for holding arbitration sittings by the arbitrators but does not specify the “seat”, then on what basis and by which principle, the parties have to decide the place of “seat” for determining the applicability of laws of a particular country for deciding the post award arbitration proceedings – Held: Though, the question regarding the “seat” and “venue” for holding arbitration proceedings by the arbitrators arising under the Arbitration Agreement/International Commercial Arbitration Agreement is primarily required to be decided keeping in view the terms of the arbitration agreement itself, but having regard to the law laid down by Supreme Court in several decisions, this is a fit case to exercise power under Or.VI, r.2, Supreme Court Rules, 2013 and to refer to a larger Bench – Arbitration and Conciliation Act, 1996 – s.34 – Supreme Court Rules, 2013 – Or.VI, r.2. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 865 |
Petitioner | Union Of India |
Respondent | Hardy Exploration And Production (india) Inc |
SCR | [2018] 5 S.C.R. 662 |
Judgement Date | 2018-05-01 |
Case Number | 4628 |
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