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august 2016

Supreme Court of India · 2016-08-24

SASAN POWER LIMITED vs NORTH AMERICAN COAL CORPORATION INDIA PRIVATE LIMITED

Citation / case number
SC 2015/31759
Court
Supreme Court of India
Petitioner
SASAN POWER LIMITED
Respondent
NORTH AMERICAN COAL CORPORATION INDIA PRIVATE LIMITED
Author
Chelameswar

Judgment text excerpt

The Supreme Court addressed the enforceability of arbitration clauses in international agreements, specifically under Section 7 of the Arbitration and Conciliation Act, 1996. The Court held that the arbitration agreement in AGREEMENT-I, governed by the laws of the United Kingdom, is valid and binding, and disputes must be resolved through arbitration in London as stipulated. The Court emphasized that the assignment of rights under the agreement must comply with the conditions set forth in Article XV Section 15.6, ensuring that any assignment without proper consent is void.

SASAN POWER LIMITED vs NORTH AMERICAN COAL CORPORATION INDIA PRIVATE LIMITED · Niyam