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may 2007

Supreme Court of India · 2007-05-22

National Agricultural Co-Op. ... vs Gains Trading Ltd

Citation / case number
AIR 2007 SUPREME COURT 2327
Court
Supreme Court of India
Petitioner
National Agricultural Co-Op. ...
Respondent
Gains Trading Ltd
Author
R.V. Raveendran
Bench
R. V. Raveendran

Judgment text excerpt

The Supreme Court, while adjudicating a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, held that the arbitration agreement in the contract dated 28.2.2005 was valid and enforceable despite the respondent's claims of contract cancellation and jurisdictional objections. The Court clarified that the arbitration clause remains operative unless explicitly revoked and that the place of arbitration being outside India does not negate the applicability of the Act for the appointment of an arbitrator. The Court ultimately directed the appointment of a sole arbitrator to resolve the disputes between the parties.

National Agricultural Co-Op. ... vs Gains Trading Ltd · Niyam