Supreme Court of India
Arcelor Mittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd.
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.
What the Court ordered
We are of the view that Section 9(3) does not operate as an ouster clause insofar as the courts’ powers a re concerned.
Judgment, page 26
From the headnote
Arbitration and Conciliation Act, 1996 – ss. 9, 11 an d 17 – Appellant and respondent entered into an agreement for cargo handling – Disputes arose between the parties – Appellant i nvoked arbitration clause and gave notice to respondent – Appell ant filed application u/s.11 of the Act, for appointment of an Arbitral Tribunal before the High Court – Respondent replied to arbitr ation notice stating that the dispute was not arbitrable and there was an amo unt due and payable by the appellant – Both appellant and responde nt filed separate applications u/s.9 before the Commercial Cou rt – In
Authorities it was built on
- 2012 Chloro Controls (i) P. Ltd. v. Severn Trent Water Purification Inc. and Ors.
- 2004 Firm Ashok Traders and Anr. Etc. v. Gurumukh Das Saluja and Ors. Etc.
- 1961 A. V. Venkateswaran, Collector of Customs, Bombay v. Ramchand Sobhraj Wadhwani and Another
- 2008 State Bank of India and Ors. v. S.N. Goyal
- 1997 Martin and Harris Ltd. v. Vlth Additional Distt. Judge and Ors.
- 2014 Union of India & Ors. v. U.P. State Bridge Corp. Ltd.
- 1994 Deep Chand and Ors. v. Land Acquisition Officer and Ors.
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