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1 - 10 of 14 (0.21 seconds)Article 6 in Constitution of India [Constitution]
Section 34 in The Companies Act, 1956 [Entire Act]
The Companies Act, 1956
Section 16 in The Companies Act, 1956 [Entire Act]
Enercon (India) Ltd And Ors vs Enercon Gmbh And Anr on 14 February, 2014
Pvt.Ltd. (supra). Learned Counsel submits that whilst construing the
provisions of Section 7 and in particular, Section 7(4) of the Act, the
Supreme Court has held in that case that an arbitration agreement need
not always be signed; the only pre-requisite is that it should be in writing
as required under Section 7(3). The court held that Section 7(3) merely
required the agreement to be in writing and Section 7(4) simply added that
an arbitration agreement could be said to be in writing in the
circumstances mentioned in its three sub-clauses. One of the circumstances
was exchange of letters, telex, telegrams and other means of
telecommunication including communication through electronic means
which provided a record of the agreement. If the agreement were to be
contained in these communications, the requirement of signing would
obviously have to be dispensed with.
Section 16 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 45 in The Arbitration And Conciliation Act, 1996 [Entire Act]
M/S Shakti Bhog Foods Limited vs Kola Shipping Limited on 23 September, 2008
11 In Shakti Bhog Foods Ltd. (supra), the appellant before the
1 (2009) 2 Supreme Court Cases 134
2 (2001) 7 Supreme Court Cases 728
3 (2008)14 Supreme Court Cases 240
4 (2010) 3 Supreme Court Cases 1
5 2018 SC OnLine SC 2417
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sat 17/21 arbp 548-2014.doc
court, who was an exporter of food products, was to export sorghum to the
State of Niger. There was correspondence between the parties for loading
of cargo at Kakinada port for transportation to Cotonou. The respondent
issued a bill of lading. The vessel arrived at Kakinada port. The proposal of
export, however, did not finally fructify; no export order could be procured
from the State of Niger. As per the charter party agreement, the existence
of which was alleged by the respondent and denied by the appellant, the
appellant had to load maize to Colombo from Kakinada port in case of
failure to get an export order from Niger. The respondent alleged breach of
this contract by the appellant. The disputes between the parties arose as a
result and were, on an application moved under Section 45 of the Act,
referred to arbitration in London. It was argued before the Supreme Court
by the appellant that there was no concluded arbitration agreement
between the parties. The court held that under Section 7 of the Act, the
arbitration agreement might be in the form of an arbitration clause in a
contract or in the form of a separate agreement; such arbitration could be
considered in writing if it was contained in a document signed by the
parties or in exchange of letters, telex, telegrams or other means of
communication which provided a record of the agreement or an exchange
of statement of claim and defence in which the existence of an agreement
was alleged by one party and not denied by the other. The court held that
the charter party agreement containing an arbitration clause could well be
made out from the acts of the parties by way of exchange of letters, etc.
The court, thus, in effect, found such agreement providing for arbitration in
London based on the correspondence between the parties as also fixture
note and bill of lading signed by the parties.