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Supreme Court of India · 2020-05-11

SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LIMITED) vs OIL INDIA LIMITED

Citation / case number
SC 2008/7009
Court
Supreme Court of India
Petitioner
SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LIMITED)
Respondent
OIL INDIA LIMITED
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE R. SUBHASH REDDY, HON'BLE MR. JUSTICE B.R. GAVAI

Judgment text excerpt

The Supreme Court held that the interpretation of the 'change in law' clause under Clause 23 of the contract, as applied by the Arbitral Tribunal, was valid and should not have been set aside by the High Court under Section 37 of the Arbitration and Conciliation Act, 1996. The Court emphasized that the increase in the price of High-Speed Diesel (HSD) due to executive orders falls within the ambit of the clause, thus entitling the appellant to reimbursement. The Supreme Court reversed the High Court's decision, reinstating the arbitral award in favor of the appellant.

SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LIMITED) vs OIL INDIA LIMITED · Niyam