SUMITOMO HEAVY INDUSTRIES LTD. versus ONGC LTD. AND ORS.

SUMITOMO HEAVY INDUSTRIES LTD. versus ONGC LTD. AND ORS.

Curial law does not apply to the filing or enforcement of arbitral awards after the award is made. The contract and arbitration agreement are governed by Indian law; thus, Indian courts have jurisdiction to receive, enforce, and set aside the award. The Foreign Awards (Recognition and Enforcement) Act, 1961 does not apply as the arbitration agreement is governed by Indian law. The Indian Arbitration Act, 1940, by Section 14(2), applies to this arbitration agreement and entitles Indian courts to receive the award.

Parties
Appellant: Sumitomo Heavy Industries Ltd.; Respondent No.1: ONGC Ltd.; Respondent No.2: Justice Chandrasekhar (Retired)
Jurisdiction
India
Judgment Date
04 December 1997
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Curial Law, Filing of Arbitral Award, Enforcement of Foreign Award, Contract Law, Jurisdiction
Arbitration International Commercial Arbitration Curial Law Filing of Arbitral Award Enforcement of Foreign Award Contract Law Jurisdiction

Case Brief

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Parties

Sumitomo Heavy Industries Ltd.

Appellant

ONGC Ltd.

Respondent No.1

Justice Chandrasekhar (Retired)

Respondent No.2

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether curial law governs the filing of arbitral awards in court
  2. 2 Jurisdiction of Indian courts to receive and enforce awards made under curial law of England
  3. 3 Applicability of Indian Arbitration Act, 1940, and the Foreign Awards (Recognition and Enforcement) Act, 1961

Ratio Decidendi

Curial law does not apply to the filing or enforcement of arbitral awards after the award is made. The contract and arbitration agreement are governed by Indian law; thus, Indian courts have jurisdiction to receive, enforce, and set aside the award. The Foreign Awards (Recognition and Enforcement) Act, 1961 does not apply as the arbitration agreement is governed by Indian law. The Indian Arbitration Act, 1940, by Section 14(2), applies to this arbitration agreement and entitles Indian courts to receive the award.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Bombay High Court entitled to receive arbitral award under Indian Arbitration Act, 1940