UNION OF INDIA versus RELIANCE INDUSTRIES LIMITED & ORS.

UNION OF INDIA versus RELIANCE INDUSTRIES LIMITED & ORS.

Where the arbitration agreement stipulates the seat as London and the governing law as English law, Part I of the Arbitration and Conciliation Act, 1996 is necessarily excluded by implication, making a Section 14 application by the Union of India not maintainable under Indian law. The attempted reopening of this question, settled by earlier Supreme Court judgments and dismissed review and curative petitions, amounts to abuse of court process.

Parties
Petitioner: Union of India; Respondent: Reliance Industries Limited; Respondent: BG Exploration and Production India Limited
Jurisdiction
India
Judgment Date
22 September 2015
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Review of Delhi High Court Order Rejecting Section 14 Application
Outcome
SLP dismissed; Delhi High Court order upheld
Legal Topics
Seat of Arbitration, Applicability of Indian Law, Concurrent Jurisdiction, Res Judicata, Product Sharing Contracts
Arbitration International Commercial Arbitration Seat of Arbitration Applicability of Indian Law Concurrent Jurisdiction Res Judicata Product Sharing Contracts

Case Brief

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Parties

Union of India

Petitioner

Reliance Industries Limited

Respondent

BG Exploration and Production India Limited

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate Review of Delhi High Court Order Rejecting Section 14 Application

Legal Issues

  1. 1 Whether Part I of the Arbitration and Conciliation Act, 1996 applies to arbitrations seated outside India under production sharing contracts specifying English law as the governing law
  2. 2 Whether a Section 14 application is maintainable in these circumstances
  3. 3 Whether res judicata applies to jurisdictional questions in this context

Ratio Decidendi

Where the arbitration agreement stipulates the seat as London and the governing law as English law, Part I of the Arbitration and Conciliation Act, 1996 is necessarily excluded by implication, making a Section 14 application by the Union of India not maintainable under Indian law. The attempted reopening of this question, settled by earlier Supreme Court judgments and dismissed review and curative petitions, amounts to abuse of court process.

Court Disposition

SLP dismissed; Delhi High Court order upheld

Orders

  • Section 14 application dismissed as not maintainable
  • Delhi High Court judgment affirmed