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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
SC 2006/11248
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 petition filed by Great Offshore Limited under Section 11(5), (6), (9), and (12) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator. The Court held that the existence of a valid contract with an arbitration clause must be established before arbitration can be ordered. The Court found that the parties had not reached a concluded contract, as evidenced by the correspondence and the conditional nature of the letters exchanged, thus denying the petition for arbitration.

GREAT OFFSHORE LTD. vs IRANIAN OFFSHORE ENG&CONSTN. CO. · Niyam