M/S AUROHILL GLOBAL COMMODITIES LTD. versus M/S M.S.T.C.LTD.

M/S AUROHILL GLOBAL COMMODITIES LTD. versus M/S M.S.T.C.LTD.

The arbitration petition is maintainable under the Arbitration and Conciliation Act, 1996, as questions of contract validity and necessary party are to be decided by the arbitral tribunal; however, the arbitration will be governed by the British Rules of Arbitration as per the contract, and the respondent's reply did not constitute a waiver of these terms.

Parties
Petitioner: MIS Aurohill Global Commodities Ltd.; Respondent: MIS M.S.T.C. Ltd.
Jurisdiction
India
Judgment Date
31 July 2007
Procedural Posture
Arbitration Petition / Disposition
Outcome
Petition disposed of
Legal Topics
Appointment of Arbitrator, Applicability of Arbitration and Conciliation Act, 1996, International Commercial Arbitration, Jurisdiction, Waiver of Arbitration Clause
Arbitration International Commercial Law Appointment of Arbitrator Applicability of Arbitration and Conciliation Act, 1996 International Commercial Arbitration Jurisdiction Waiver of Arbitration Clause

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Parties

MIS Aurohill Global Commodities Ltd.

Petitioner

MIS M.S.T.C. Ltd.

Respondent

Procedural Posture

Arbitration Petition / Disposition

Legal Issues

  1. 1 Whether the Draft Purchase Order constituted a concluded contract
  2. 2 Whether the alleged contract was non est
  3. 3 Whether the arbitration petition was maintainable under the Arbitration and Conciliation Act, 1996

Ratio Decidendi

The arbitration petition is maintainable under the Arbitration and Conciliation Act, 1996, as questions of contract validity and necessary party are to be decided by the arbitral tribunal; however, the arbitration will be governed by the British Rules of Arbitration as per the contract, and the respondent's reply did not constitute a waiver of these terms.

Court Disposition

Petition disposed of

Orders

  • The arbitration petition is maintainable under the Arbitration and Conciliation Act, 1996.
  • Questions of contract validity, non est status, and necessary party are to be decided in arbitration proceedings.