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august 2018

Supreme Court of India · 2018-08-21

UNITED INDIA INSURANCE CO.LTD. vs HYUNDAI ENGINEERING AND CONSTRUCTION CO. LTD.

Citation / case number
SC 2018/4141
Court
Supreme Court of India
Petitioner
UNITED INDIA INSURANCE CO.LTD.
Respondent
HYUNDAI ENGINEERING AND CONSTRUCTION CO. LTD.
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court examined the interpretation of clause 7 of an Insurance Policy in light of the Arbitration and Conciliation Act, 1966, particularly post-amendment with the insertion of sub-section 6A in Section 11. The Court held that the existence of an arbitration agreement must be established, as per the limited mandate of the Court under the amended Act. The judgment of the High Court was set aside, and the matter was remanded for further proceedings consistent with the interpretation of arbitration clauses established in prior rulings, including Oriental Insurance Company Limited Vs. Narbheram Power and Steel Private Limited.

UNITED INDIA INSURANCE CO.LTD. vs HYUNDAI ENGINEERING AND CONSTRUCTION CO. LTD. · Niyam