Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 Contract of Sale |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
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 Disposed Off |
Headnote | Arbitration and Conciliation Act, 1996: s.48 – Enforceabilityof the foreign award – Contract of sale of commodity between theparties – The agreement contained two tier arbitration by which thefirst tier was to be settled in India and if either party disagreed withthe result, that party had right to appeal to a second arbitration tobe held by the ICC in London – Dispute arose between the parties –Appellant invoked the arbitration clause – Arbitrator held againstthe appellant – Appellant invoked second part of arbitrationagreement – Foreign award held against the respondent –Enforceability of foreign award challenged under s.48 – Respondentobjected to the enforceability of the award on the ground that itwas unable to present its case before ICC arbitrator – Held: ICCarbitrator had given large number of opportunities to respondentto file documents and legal submissions – Arbitrator was extremelyfair to respondent – Despite being informed time and again to appearbefore the Tribunal and submit their response and evidence insupport thereof, it was only after the arbitrator indicated that hewas going to pass an award that the respondent’s attorney woke upand started asking for time to present their response – This too wasgranted by the arbitrator by not only granting extension of time butby extending this time even further – Finally when the legalsubmissions of 75 pages were sent even beyond the time that wasgranted, the arbitrator took this into account and then passed hisaward – This being the case, on facts there was no fault whatsoeverwith the conduct of the arbitral proceedings – Foreign award shallbe enforced. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2020 INSC 411 |
Petitioner | M/s. Centrotrade Minerals And Metals Inc. |
Respondent | Hindustan Copper Ltd. |
SCR | [2020] 9 S.C.R. 73 |
Judgement Date | 2020-06-02 |
Case Number | 2562 |
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