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may 1992

Supreme Court of India · 1992-05-07

NATIONAL TERMAL POWER CORPORATION vs THE SINGER COMPANY

Citation / case number
SC 1992/81484
Court
Supreme Court of India
Petitioner
NATIONAL TERMAL POWER CORPORATION
Respondent
THE SINGER COMPANY
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court held that the arbitration agreement between the Indian company and the foreign contractor was governed by Indian law, as stipulated in the contract, and that the award made in London was subject to the Arbitration Act, 1940. The Court clarified that despite the seat of arbitration being in London, the parties had chosen Indian law to govern the substantive issues, thus the award should be treated as a domestic award under the Arbitration Act. The High Court's ruling that it lacked jurisdiction to entertain the application under the Arbitration Act was overturned, affirming the applicability of Indian law to the arbitration proceedings.

NATIONAL TERMAL POWER CORPORATION vs THE SINGER COMPANY · Niyam