Supreme Court of India · 2008-08-25
Great Offshore Ltd vs Iranian Offshore Eng&Constn. Co
- Citation / case number
- AIR 2008 SC (SUPP) 429
- Court
- Supreme Court of India
- Petitioner
- Great Offshore Ltd
- Respondent
- Iranian Offshore Eng&Constn. Co
- Author
- Dalveer Bhandari
- Bench
- Dalveer Bhandari
Judgment text excerpt
The Supreme Court ruled on the applicability of the Arbitration and Conciliation Act, 1996, specifically sections 11(5), (6), (9), and (12), in determining whether a valid arbitration agreement existed between Great Offshore Limited and Iranian Offshore Engineering & Construction Company. The Court held that the correspondence exchanged between the parties indicated that they had not reached a concluded contract, as the respondent's letter of intent contained a contingency clause that prevented the formation of a binding agreement. Consequently, the petition for the appointment of an arbitrator was dismissed, affirming that without a valid contract, arbitration could not be compelled.