EITZEN BULK A/S versus ASHAPURA MLNECHEM LTD. & ANR.

EITZEN BULK A/S versus ASHAPURA MLNECHEM LTD. & ANR.

By Clause 28 in the Contract, parties expressly excluded application of Part I of the Indian Arbitration and Conciliation Act, 1996 by choosing London as seat and English law to govern arbitration; Part I does not apply and award debtor cannot challenge the award under Section 34 before Indian courts.

Parties
Appellant: Eitzen Bulk A/S; Respondent: Ashapura Minechem Ltd.; Respondent: Ashapura Minechem Ltd. & Anr.; Advocate: E. C. Agrawala; Advocate: Ms. Jyoti Mendiratta
Jurisdiction
India
Judgment Date
13 May 2016
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals filed by Eitzen Bulk A/S allowed; appeals filed by Ashapura Minechem Ltd. dismissed; award enforced.
Legal Topics
Enforcement of Foreign Award, Jurisdiction, Exclusion of Part I of Arbitration Act, Challenge to Foreign Award
Arbitration Enforcement of Foreign Award Jurisdiction Exclusion of Part I of Arbitration Act Challenge to Foreign Award

Case Brief

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Parties

Eitzen Bulk A/S

Appellant

Ashapura Minechem Ltd.

Respondent

Ashapura Minechem Ltd. & Anr.

Respondent

E. C. Agrawala

Advocate

Ms. Jyoti Mendiratta

Advocate

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether Part I of the Arbitration and Conciliation Act, 1996 applies to arbitration held outside India governed by foreign law
  2. 2 Whether award debtor may challenge a foreign arbitral award under Section 34 of the Arbitration Act before Indian courts

Ratio Decidendi

By Clause 28 in the Contract, parties expressly excluded application of Part I of the Indian Arbitration and Conciliation Act, 1996 by choosing London as seat and English law to govern arbitration; Part I does not apply and award debtor cannot challenge the award under Section 34 before Indian courts.

Court Disposition

Appeals filed by Eitzen Bulk A/S allowed; appeals filed by Ashapura Minechem Ltd. dismissed; award enforced.

Orders

  • Civil Appeals of Eitzen allowed
  • Bombay High Court enforcement of foreign award upheld