HARMONY INNOVATION SHIPPING LTD. versus GUPTA COAL INDIA LTD. &ANR.
Where parties by arbitration agreement stipulate the seat as London, arbitrators from London Arbitration Association, and contract governed by English law, the implied exclusion principle applies and Indian courts have no jurisdiction for interim measures under Section 9 of the Act.
- Parties
- Appellant: Harmony Innovation Shipping Ltd.; Respondent: Gupta Coal India Ltd.; Respondent: & Anr.
- Jurisdiction
- India
- Judgment Date
- 10 March 2015
- Procedural Posture
- Civil Appeal / Appeal From the High Court of Kerala Judgment Dated 27.11.2014
- Outcome
- Appeal dismissed
- Legal Topics
- Arbitration Agreement, Jurisdiction, Implied Exclusion, Interim Measures, Commercial Arbitration
Case Brief
Summary, issues, holding and outcome
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Parties
Harmony Innovation Shipping Ltd.
Appellant
Gupta Coal India Ltd.
Respondent
& Anr.
Respondent
Procedural Posture
Civil Appeal / Appeal From the High Court of Kerala Judgment Dated 27.11.2014
Legal Issues
- 1 Whether Indian courts have jurisdiction to grant interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 when the seat of arbitration is outside India, in light of the arbitration agreement providing for London as the seat and English law as governing law
Ratio Decidendi
Where parties by arbitration agreement stipulate the seat as London, arbitrators from London Arbitration Association, and contract governed by English law, the implied exclusion principle applies and Indian courts have no jurisdiction for interim measures under Section 9 of the Act.
Court Disposition
Appeal dismissed
Orders
- No costs awarded
Full Case Text
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