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may 2016

Supreme Court of India · 2016-05-13

EITZEN BULK A/S vs ASHAPURA MINECHEM LIMITED

Citation / case number
SC 2011/2124
Court
Supreme Court of India
Petitioner
EITZEN BULK A/S
Respondent
ASHAPURA MINECHEM LIMITED
Author
S.A. BOBDE FAKKIR MOHAMED IBRAHIM KALIFULLA
Bench
S.A. BOBDE FAKKIR MOHAMED IBRAHIM KALIFULLA

Judgment text excerpt

The Supreme Court upheld the validity of the Arbitration Clause in the Contract of Affreightment between Eitzen Bulk A/S and Ashapura Minechem Ltd., emphasizing that disputes must be resolved through arbitration as per Clause No. 28 of the contract. The Court affirmed the Sole Arbitrator's award, which held Ashapura liable for a total of 36,306,104 USD plus interest, rejecting Ashapura's claims of the contract being illegal or void. The Court reiterated the enforceability of arbitration agreements under the Arbitration and Conciliation Act, 1996, particularly Section 7, and confirmed that the jurisdiction of Indian courts does not extend to interfering with arbitration awards made under foreign law.

EITZEN BULK A/S vs ASHAPURA MINECHEM LIMITED · Niyam