Supreme Court of India

United India Insurance Co. Ltd. & Anr. v. Hyundai Engineering and Construction Co. Ltd. & Ors.

Neutral citation

Reported as [2018] 12 S.C.R. 1085

Bench Dipak Misra, A. M. Khanwilkar and Dr. D.Y. Chandrachud JJ.

Decided 21 August 2018

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, it must be held that the dispute in question is non-arbitrable and respondent Nos.1 & 2 ought to have resorted to the remedy of a suit.

Judgment, page 15

From the headnote

Arbitration and Conciliation Act, 1996 – s.1 1(4) and s.1 1(6) – Arbitration clause – Examination of – Respondent No.3 awar ded a contract for design, construction and maintenance of bridge to a Joint V enture (JV) constituted by the Respondent Nos.1 and 2 – After commencement of work, an insurance policy was obtained from the appellants-insur er covering the entir e pr oject – During construction, an accident occur red causing significant loss to the contractor – detailed claim for a sum was submitted by the JV to the appellants – Appellants found the claim not payable – Dispute arose

Authorities it was built on

2017 M/s. Duro Felguera, S. A. v. M/s. Gangavaram Port Limited cited by 36
1975 Vulcan Insurance Co. Ltd v. Maharaj Singh & Another cited by 3

Where later benches applied it

2023 M/s N. N. Global Mercantile Private Limited v. M/s Indo Unique Flame Ltd. & Ors. relied on
2022 M/s. Emaar India Ltd. v. Tarun Aggarwal Projects Llp & Anr. relied on
2020 Vidya Drolia and Others v. Durga Trading Corporation relied on
2022 Indian Oil Corporation Limited v. Ncc Limited referred to

Of those, 3 relied on · 1 referred to

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