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november 1998

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.

M/S.RICKMERS VERWALTUNG GMB H vs INDIAN OIL CORPN LTD · Niyam