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september 1999

Supreme Court of India · 1999-09-01

ATLAS EXPORT INDUSTRIES vs KOTAK & COMPANY

Citation / case number
SC 1993/82053
Court
Supreme Court of India
Petitioner
ATLAS EXPORT INDUSTRIES
Respondent
KOTAK & COMPANY
Author
R.C.LAHOTI S.R.BABU
Bench
R.C.LAHOTI S.R.BABU

Judgment text excerpt

The Supreme Court held that the arbitration clause in the contract between Atlas Export Industries and Oceandale Company Limited, governed by the GAFTA rules, was valid and enforceable under Section 5 and Section 6 of the Arbitration and Conciliation Act, 1996. The Court emphasized that the parties must first exhaust the arbitration process before resorting to litigation, affirming the principle of party autonomy in arbitration agreements. The Court upheld the arbitration award directing Atlas to pay Kotak, thereby reinforcing the binding nature of arbitration awards.

ATLAS EXPORT INDUSTRIES vs KOTAK & COMPANY · Niyam