Supreme Court of India

Mmtc Ltd v. Sterlite Inds. (i) Ltd

Diary number
Neutral citation Not assigned by the Court
How to cite
Bench J.S. Verma and B.N. Kirpal JJ.
Decided 18 November 1996

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

Accordingly, we direct that the Chief Justice of the High Court is to appoint the third arbitrator under Section (4)(b) of the New Act in view of the failure of the two appointed arbitrators to appoint the third arbitrator within thirty days from the date of their appointments.

Judgment, page 5

From the headnote

JUDGMENT: J U M N T J.S. VERMA,J.: The point involved for decision is, the effect of The Arbitration and Conciliation Acts 1996 (for short "New Act") in the present case on the arbitration agreement made prior to the commencement of the New Act. Clause VII of the agreement dated December 14, 1993 between the parties is, as under: "VII. In the event of any question or dispute arising under or out of or relations to the construction, meaning and operation or effect of this agreement or breach thereof, the matter in dispute shall be referred to arbitrator.

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