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october 1969

Supreme Court of India · 1969-10-28

V/O TRACTOR EXPORT, MOSCOW vs M/S. TARAPORE & COMPANY & ANR.

Citation / case number
SC 1969/60016
Court
Supreme Court of India
Petitioner
V/O TRACTOR EXPORT, MOSCOW
Respondent
M/S. TARAPORE & COMPANY & ANR.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court interpreted Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961, clarifying that 'submission' refers to an actual submission made under an arbitration agreement. The Court held that the Indian courts have jurisdiction to grant an injunction restraining a party from proceeding with arbitration in Moscow, emphasizing that the agreement must be recognized unless proven null and void. The appeal was decided in favor of the Russian firm, allowing them to proceed with arbitration.

V/O TRACTOR EXPORT, MOSCOW vs M/S. TARAPORE & COMPANY & ANR. · Niyam