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september 2000

Supreme Court of India · 2000-09-27

Nimet Resources Inc. And Anr. vs Essar Steels Ltd.

Citation / case number
AIR 2000 SUPREME COURT 3107
Court
Supreme Court of India
Petitioner
Nimet Resources Inc. And Anr.
Respondent
Essar Steels Ltd.
Author
S. Rajendra Babu
Bench
S. Rajendra Babu

Judgment text excerpt

The Supreme Court addressed the applicability of Section 11(5) of the Arbitration & Conciliation Act, 1996, determining whether a valid arbitration agreement existed between the parties. The Court held that the mere opening of a letter of credit by the respondent indicated acceptance of the sales contract, thus establishing a dispute warranting arbitration. The Court emphasized that the arbitral tribunal has the authority to rule on its jurisdiction under Section 16 of the Act, affirming the need for arbitration despite the respondent's denial of the contract's existence.

Nimet Resources Inc. And Anr. vs Essar Steels Ltd. · Niyam