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may 2010

Supreme Court of India · 2010-05-10

DENEL(PROPRITARY LIMITED) vs BHARAT ELECTRONICS LTD.

Citation / case number
SC 2009/21580
Court
Supreme Court of India
Petitioner
DENEL(PROPRITARY LIMITED)
Respondent
BHARAT ELECTRONICS LTD.
Author
H.L. Dattu
Bench
H.L. DATTU

Judgment text excerpt

The Supreme Court addressed an Arbitration Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, concerning a dispute between a South African government-owned company and an Indian government enterprise. The Court held that the arbitration clause in the purchase orders was valid under Section 2(b) and Section 7 of the Act, affirming the necessity for appointing an arbitrator to resolve the payment dispute. The Court emphasized that the refusal to pay by the respondent based on government directives does not negate the obligation to arbitrate the dispute.

DENEL(PROPRITARY LIMITED) vs BHARAT ELECTRONICS LTD. · Niyam