SANSHIN CHEMICALS INDUSTRY versus ORIENTALS CARBONS AND CHEMICALS LTD. AND ORS.

SANSHIN CHEMICALS INDUSTRY versus ORIENTALS CARBONS AND CHEMICALS LTD. AND ORS.

A decision by a Joint Arbitration Committee regarding venue under an arbitration clause is neither an award nor an interim award under the Arbitration and Conciliation Act, 1996, and is not appealable under Section 34. Such a decision is a machinery clause determination, not adjudication of legal rights under the contract.

Parties
Appellant: Sanshin Chemicals Industry; Respondent No. 1: Orientals Carbons and Chemicals Ltd.; Appellant's Advocates: J.B. Dadachanji & Co.; Respondents: Other Respondents
Jurisdiction
India
Judgment Date
16 February 2001
Procedural Posture
Civil Appeal No. 1309 of 2001 / Final Appeal From Delhi High Court Division Bench Judgment Dated 8.8.2000, After Single Judge and Division Bench Dismissed Appeal/application Under Section 34 of Arbitration and Conciliation Act
Outcome
Appeal dismissed
Legal Topics
Venue of Arbitration, Appealability of Venue Determination, Arbitration and Conciliation Act, 1996 Sections 20 & 34, Interim Awards
Arbitration Law Venue of Arbitration Appealability of Venue Determination Arbitration and Conciliation Act, 1996 Sections 20 & 34 Interim Awards

Case Brief

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Parties

Sanshin Chemicals Industry

Appellant

Orientals Carbons and Chemicals Ltd.

Respondent No. 1

J.B. Dadachanji & Co.

Appellant's Advocates

Other Respondents

Respondents

Procedural Posture

Civil Appeal No. 1309 of 2001 / Final Appeal From Delhi High Court Division Bench Judgment Dated 8.8.2000, After Single Judge and Division Bench Dismissed Appeal/application Under Section 34 of Arbitration and Conciliation Act

Legal Issues

  1. 1 Whether a decision by a Joint Arbitration Committee regarding venue of arbitration proceedings under Clause 8.4 and Section 20 of Arbitration and Conciliation Act, 1996, is appealable under Section 34 as an award or interim award

Ratio Decidendi

A decision by a Joint Arbitration Committee regarding venue under an arbitration clause is neither an award nor an interim award under the Arbitration and Conciliation Act, 1996, and is not appealable under Section 34. Such a decision is a machinery clause determination, not adjudication of legal rights under the contract.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed.