Eitzen Bulk A/S vs Ashapura Minechem Ltd. - Supreme Court

 Eitzen Bulk A/S vs Ashapura Minechem Ltd. - Supreme Court Important Judgment 2016 - 

 

On 13th May, 2016, in the case of Eitzen Bulk A/S vs Ashapura Minechem Ltd. & Anr. [Civil Appeal Nos. 5131-5133 of 2016], it was held “where the parties choose a juridical seat of Arbitration outside India and provide that the law which governs Arbitration will be a law other than Indian law, part I of the Arbitration Act would not have any application and, therefore, the award debtor would not be entitled to challenge the award by raising objections under Section 34 before a Court in India. A Court in India could not have jurisdiction to entertain such objections under Section 34 in such a case.” It was further held that “as a matter of fact the mere choosing of the juridical seat of Arbitration attracts the law applicable to such location. In other words it would not be necessary to specify which law would apply to the Arbitration proceedings, since the law of the particular country would apply ipso jure.”