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Supreme Court of India · 2015-03-10

Harmony Innovation Shipping Ltd vs Gupta Coal India Ltd. And Anr

Citation / case number
AIR 2015 SUPREME COURT 1504
Court
Supreme Court of India
Petitioner
Harmony Innovation Shipping Ltd
Respondent
Gupta Coal India Ltd. And Anr
Author
Dipak Misra
Bench
Prafulla C. Pant, Dipak Misra

Judgment text excerpt

The Supreme Court addressed the validity of the High Court's decision to set aside an order under Section 9 of the Arbitration and Conciliation Act, 1996, which directed the respondent to furnish security for an arbitration claim. The Court clarified that Section 9 applies to arbitration proceedings in India and does not extend to those governed by foreign law, as established in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc. The Court held that the High Court's ruling was justified, affirming the need for jurisdictional clarity in international arbitration contexts.

Harmony Innovation Shipping Ltd vs Gupta Coal India Ltd. And Anr · Niyam