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august 2008

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.

Great Offshore Ltd vs Iranian Offshore Eng&Constn. Co · Niyam