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M/S CENTROTRADE MINERALS & METAL INC. vs. HINDUSTAN COPPER LTD.

SCR Citation: [2016] 9 S.C.R. 83
Year/Volume: 2016/ Volume 9
Date of Judgment: 15 December 2016
Petitioner: M/S CENTROTRADE MINERALS & METAL INC.
Disposal Nature: Others
Neutral Citation: 2016 INSC 1214
Judgment Delivered by: Hon'ble Mr. Justice Madan Bhimarao Lokur
Respondent: HINDUSTAN COPPER LTD.
Case Type: CIVIL APPEAL /2562/2006
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996 - s. 48 - Dispute resolution by two-tier arbitration system - Validity of - Parties entered into a contract containing arbitration clause - Subsequently dispute between the parties - Appellant company invoked arbitration clause - Appointment of arbitrator by Indian Council of Arbitration, who gave NIL award - Thereafter, invocation of second part of the arbitration clause by the appellant company - Award passed by arbitrator in London in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce - Application u!s. 48 by the appellant company seeking enforcement of the said award - Validity of two tier arbitration - Held: Resolving of disputes by two tier arbitration system was valid under the Indian law and not contrary to the public policy - Arbitration clause in the agreement between the parties does not violate the fundamental or public policy of India by the parties agreeing to a second instance arbitration - Parties to an arbitration agreement have the autonomy to decide not only on the procedural law to be followed but also the substantive law.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Arbitration and Conciliation Act
  • 1996 - s. 48 - Dispute resolution by two-tier arbitration system - Validity
5. Equivalent citation
    Citation(s) 2017 AIR 185 = 2017 (2) SCC 228 = 2017 (2) Suppl. SCC 228 = 2016 (12) JT 315 = 2016 (12) Suppl. JT 315 = 2016 (12) SCALE 1015