UNION OF INDIA versus SALWEEN TIMBER CONSTRUCTION (INDIA) & ORS.

UNION OF INDIA versus SALWEEN TIMBER CONSTRUCTION (INDIA) & ORS.

The claim concerning the excess timber supplied was within the scope of the arbitration clause because determining the claim required recourse to the contract by which both parties were bound, so the arbitrators had jurisdiction to decide the matter.

Parties
Appellant: Union of India; Respondent: Salween Timber Construction (India); Respondent: Respondent No. 5
Jurisdiction
India
Judgment Date
25 September 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order of Punjab High Court in Civil Revision
Outcome
Appeal dismissed
Legal Topics
Scope of Arbitration Clause, Jurisdiction of Arbitrators, Contractual Disputes
Arbitration Scope of Arbitration Clause Jurisdiction of Arbitrators Contractual Disputes

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Parties

Union of India

Appellant

Salween Timber Construction (India)

Respondent

Respondent No. 5

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order of Punjab High Court in Civil Revision

Legal Issues

  1. 1 Whether the dispute regarding excess timber supplied falls within the scope of the arbitration clause in the contract
  2. 2 Whether arbitrators had jurisdiction to adjudicate upon the claim

Ratio Decidendi

The claim concerning the excess timber supplied was within the scope of the arbitration clause because determining the claim required recourse to the contract by which both parties were bound, so the arbitrators had jurisdiction to decide the matter.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • Application made by the appellant in Suit No. 128 of 1963 was rightly dismissed.