Supreme Court of India · 1998-11-19
M/S.RICKMERS VERWALTUNG GMB H vs INDIAN OIL CORPN LTD
- Citation / case number
- SC 1997/2961
- Court
- Supreme Court of India
- Petitioner
- M/S.RICKMERS VERWALTUNG GMB H
- Respondent
- INDIAN OIL CORPN LTD
- Author
- K.VENKATASWAMI
- Bench
- K.VENKATASWAMI
Judgment text excerpt
The Supreme Court addressed the arbitration dispute between Indian Oil Corporation Ltd. and M/s Tubacero, emphasizing that a binding contract must be established for arbitration to be valid under the Arbitration and Conciliation Act, 1996. The Court held that since the terms of the standby letter of credit and performance bond were not mutually agreed upon, no enforceable contract existed, thus negating the appellant's claim for arbitration. Consequently, the appeal was dismissed, affirming the Delhi High Court's decision that there was no binding agreement to arbitrate.