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april 2006

Supreme Court of India · 2006-04-20

Sedco Forex International Drilling Inc vs The Oil & Natural Gas Corporation Ltd

Citation / case number
AIRONLINE 2006 SC 80
Court
Supreme Court of India
Petitioner
Sedco Forex International Drilling Inc
Respondent
The Oil & Natural Gas Corporation Ltd
Author
S.H. Kapadia
Bench
S.H. Kapadia

Judgment text excerpt

The Supreme Court held that ONGC is liable to reimburse the applicant for customs duty paid under clause 15.5 of the contract dated 23.8.1988, despite ONGC's claims of estoppel based on the issuance of an essentiality certificate. The Court emphasized that the arbitration clause invoked by the applicant is valid and should be honored, allowing the dispute to be referred to arbitration. The Court directed the appointment of an arbitrator to resolve the matter, reinforcing the enforceability of arbitration agreements in commercial contracts.

Sedco Forex International Drilling Inc vs The Oil & Natural Gas Corporation Ltd · Niyam