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 are concerned.
Judgment, page 26
From the headnote
Arbitration and Conciliation Act, 1996 – ss. 9, 11 and 17 – Appellant and respondent entered into an agreement for cargo handling – Disputes arose between the parties – Appellant invoked arbitration clause and gave notice to respondent – Appellant filed application u/s.11 of the Act, for appointment of an Arbitral Tribunal before the High Court – Respondent replied to arbitration notice stating that the dispute was not arbitrable and there was an amount due and payable by the appellant – Both appellant and respondent filed separate applications u/s.9 before the Commercial Court – In pursuance…
Authorities it was built on
- 2012 Chloro Controls (i) P. Ltd. v. Severn Trent Water Purification Inc. and Ors.
- 1961 A. V. Venkateswaran, Collector of Customs, Bombay v. Ramchand Sobhraj Wadhwani and Another
- 2004 Firm Ashok Traders and Anr. Etc. v. Gurumukh Das Saluja and Ors. Etc.
- 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.
- 2021 Amazon.com Nv Investment Holdings Llc v. Future Retail Limited & Ors.
- 1994 Deep Chand and Ors. v. Land Acquisition Officer and Ors.
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