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january 1998

Supreme Court of India · 1998-01-14

TRANSOCEAN SHIPPING AGENCY P.LTD vs BLACK SEA SHIPPING

Citation / case number
SC 1997/16593
Court
Supreme Court of India
Petitioner
TRANSOCEAN SHIPPING AGENCY P.LTD
Respondent
BLACK SEA SHIPPING
Author
Sujata V. Manohar
Bench
D.P. WADHWA SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court upheld the High Court's decree under the Foreign Awards (Recognition and Enforcement) Act, 1961, affirming the enforcement of a foreign arbitration award dated October 3, 1995. The Court clarified that the arbitration clause in the agreement dated August 26, 1983, mandated disputes to be resolved by the Maritime Arbitration Commission of the USSR, which remained valid despite the dissolution of the USSR and the emergence of Ukraine as a sovereign state. The Court held that the Reserve Bank of India's directive did not invalidate the obligations under the original agreements, thereby allowing the enforcement of the award.

TRANSOCEAN SHIPPING AGENCY P.LTD vs BLACK SEA SHIPPING · Niyam