Supreme Court of India · 2018-08-21
United India Insurance Co.Ltd. vs Hyundai Engineering And Construction ...
- Citation / case number
- AIR 2018 SUPREME COURT 3932
- Court
- Supreme Court of India
- Petitioner
- United India Insurance Co.Ltd.
- Respondent
- Hyundai Engineering And Construction ...
- Author
- A.M. Khanwilkar
- Bench
- D.Y. Chandrachud, A.M. Khanwilkar, Dipak Misra
Judgment text excerpt
The Supreme Court addressed the interpretation of clause 7 of an Insurance Policy in light of the Arbitration and Conciliation Act, 1966, particularly post-amendment by the insertion of sub-section 6A in Section 11. The Court held that the existence of an arbitration agreement must be established, and that the High Court's reliance on prior judgments was misplaced. The Court concluded that the arbitration clause was conditional, thus impacting the enforceability of arbitration proceedings under Sections 11(4) & 11(6) of the Act, leading to the dismissal of the original petition by the respondents.