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april 2009

Supreme Court of India · 2009-04-17

Petine Shipping Inc.Of Monorovia vs Minerals & Metals Trading Cor.Of (I)Ltd

Court
Supreme Court of India
Petitioner
Petine Shipping Inc.Of Monorovia
Respondent
Minerals & Metals Trading Cor.Of (I)Ltd
Author
H.L. Dattu
Bench
H.L. Dattu, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that under Section 31(4) of the Arbitration Act, 1940, the jurisdiction of the court is determined by the parties' agreement and prior applications do not automatically confer exclusive jurisdiction to a court. The Court found that the Bombay High Court erred in dismissing the appellant's petition based solely on the previous application to the Delhi High Court, which had become infructuous. The Supreme Court allowed the appeal, asserting that the Bombay High Court could adjudicate the matter.

Petine Shipping Inc.Of Monorovia vs Minerals & Metals Trading Cor.Of (I)Ltd · Niyam