Supreme Court of India
The Owners and Parties Interested in the Vessel M.V. "baltic Confidence" and Anr. v. State Trading Corporation of India Ltd. and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that there is no good ground or acceptable reason why the intention of the parties to incorporate the arbitration clause in the Charter Party Agreement in the Bill E of Lading should not be given effect to.
Judgment, page 16
From the headnote
Arbitration : Arbitration and Conciliation Act, 1996-Section 45-Charter Party Agreement-Arbitration Clause in agreement-Incorporation in Bill of Lading-Applicability to the disputes arising under the Bill of lading-Held, the intention of parties to be ascertained-If construction of the clause leads to no inconsistency or insensibility intention of the parties to be given effect and arbitration clause made binding on parties. Appellants are the owners and parties interested in a ship. Respondent No.2 is the charterer of the said sh.ip under the Charter Party Agreement. Five Bills of Lading
Where later benches applied it
Of those, 1 relied on
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.