M/S. CAUVERY COFFEE TRADERS, MANGALORE versus M/S. HORNOR RESOURCES (INTERN.) CO. LTD.

M/S. CAUVERY COFFEE TRADERS, MANGALORE versus M/S. HORNOR RESOURCES (INTERN.) CO. LTD.

Where parties have reached a final settlement without allegation of misrepresentation, fraud, or coercion, and have received and accepted payment under full and final settlement terms of the contract, the transaction stands concluded and no arbitrable dispute survives. Applications for appointment of arbitrator are not maintainable.

Parties
Applicant: MIS. Cauvery Coffee Traders, Mangalore; Respondent: MIS. Hornor Resources (Intern.) Co. Ltd.
Jurisdiction
India
Judgment Date
13 September 2011
Procedural Posture
Arbitration Petition / Disposal of Application for Appointment of Arbitrator
Outcome
Applications dismissed
Legal Topics
Appointment of Arbitrator, Final Settlement and Accord, International Commercial Arbitration
Arbitration Contract Law Appointment of Arbitrator Final Settlement and Accord International Commercial Arbitration

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Parties

MIS. Cauvery Coffee Traders, Mangalore

Applicant

MIS. Hornor Resources (Intern.) Co. Ltd.

Respondent

Procedural Posture

Arbitration Petition / Disposal of Application for Appointment of Arbitrator

Legal Issues

  1. 1 Whether the application for appointment of arbitrator is maintainable post-final settlement of contract amount?
  2. 2 Applicability of Part I of Arbitration and Conciliation Act, 1996 to international arbitration held outside India

Ratio Decidendi

Where parties have reached a final settlement without allegation of misrepresentation, fraud, or coercion, and have received and accepted payment under full and final settlement terms of the contract, the transaction stands concluded and no arbitrable dispute survives. Applications for appointment of arbitrator are not maintainable.

Court Disposition

Applications dismissed

Orders

  • Applications seeking appointment of arbitrator are dismissed as no dispute survives between the parties.