Supreme Court of India

Mcdermott Interntional Inc. v. Burn Standard Co. Ltd. and Ors.

Neutral citation

Reported as [2006] SUPP. 2 S.C.R. 409

Bench B.P. Singh and S.B. Sinha JJ.

Decided 12 May 2006

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.

18 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that it is final in all respects with regard to disputes referred to the arbitrator which are subject matter of such award.

Judgment, page 42

From the headnote

Arbitration and conciliation Act, 1996: Sections 31, 33 and 34-Partial award made by deferring some claims-Nature and character of-Held: It is same as of interim award envisaged in the Act, even though expression "partial award" is not used therein-If it answered definition of award under Section 2(c), for all intent and purport, it would be a final award-It is not akin to a preliminary decree-It is final in all respects with regard to disputes referred to arbitrator which are subject matter of such award-By such an award no prejudice is caused as both partial and final awards are subject

Authorities it was built on

2005 State of Rajasthan and Ors. v. Basant Nahata cited by 19
2004 Chairman and M.D., N.T.P.C. Ltd. v. M/s Reshmi Constructions, Builders & Contractors cited by 15
2004 Dharma Prathishthanam v. M/s. Madhok Construction Pvt. Ltd. cited by 4
2001 Up State Electricity Board v. Searsole Chemicals Ltd. cited by 3

Where later benches applied it

2022 Executive Engineer (r and B) and Others v. Gokul Chandra Kanungo (dead) Thr. His Lrs. relied on
2019 Mmtc Ltd. v. M/s Vedanta Ltd. relied on
2017 Sri Chittaranjan Maity v. Union of India relied on
2017 Kinnari Mullick and Another v. Ghanshyam Das Damani relied on
2014 Associate Builders v. Delhi Development Authority relied on
2025 Gayatri Balasamy v. M/s Isg Novasoft Technologies Limited referred to
2025 Larsen and Toubro Limited v. Puri Construction Pvt. Ltd. and Others referred to
2024 Opg Power Generation Private Limited v. Enexio Power Cooling Solutions India Private Limited & Anr. referred to
2023 M/s Hindustan Construction Company Limited v. M/s National Highways Authority of India referred to
2021 The Project Director, National Highways No. 45 E and 220 National Highways Authority of India v. M. Hakeem & Anr. referred to
2019 Parsa Kente Collieries Limited v. Rajasthan Rajya Vidyut Utpadan Nigam Limited referred to
2017 Kanchan Udyog Limited v. United Spirits Limited referred to
2015 National Highways Authority of India v. M/s Itd Cementation Indialimited referred to
2014 M/s. Hyder Consulting (uk) Ltd. v. Governor, State of Orissa through Chief Engineer referred to
2014 Voltas Ltd. v. Rolta India Ltd. referred to
2013 Antrix Corp. Ltd. v. Devas Multimedia P. Ltd. referred to
2010 State of Haryana & Ors. v. S. L. Arora & Company referred to
2023 Cox and Kings Ltd. v. Sap India Pvt. Ltd. & Anr. mentioned

Of those, 5 relied on · 12 referred to · 1 mentioned

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