Supreme Court of India
P.E.C. Limited v. Austbulk Shipping Sdn Bhd
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 the word “shall” in Section 47 of the Act has to be read as “may”. The opposite view that it is obligatory for a party to file the arbitration agreement or the original award or the evidence to prove that the award is a foreign award at the time of filing the application would have the effect of s tultifying the enforcement proceedings.
Judgment, page 15
From the headnote
Arbitration and Conciliation Act, 1996: ss.44, 46, 47 and 48 – Foreign award – Enforcement and execution of – Charter Party between appellant and resp ondent – Dispute as regards payment of freight by appellant to r espondent – Respondent appointed its nominated Arbitrator – Appella nt failed to appoint its Arbitrator within stipulated time – The sole Arbitrator awarded the freight as demanded by the respondent with interest @ 8% P. . – Petition for enforcement of the Award filed befo re High Court in India – Objection by the appellant as to maintainabili ty of the petition on the ground that
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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.