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2016 Supreme(SC) 659

A.M.SAPRE, J.CHELAMESWAR
Sasan Power Limited – Appellant
Versus
North American Coal Corporation India Private Limited – Respondent


Advocates Appeared:
For the Appellant :- E.C. Agrawala, Advocate.
For the Respondent:- Anirudh Krishnan, Balaji Srinivasan, Ms. Srishti Govil, Ms. Vaishnavi Subrahmanyam, Ms. Pratiksha Mishra, Ankur Kashyap, Ms. Talha A Rahman, Prateek Chadha, Amith Krishnan, Rudra Pratap, Zulnoor Ahmed, Raghav Chaddha, Sujay Prasanna, Arunava Mukherjee, Mayank Kshir Sagar, Advocates.

JUDGMENT :

Chelameswar, J.

Leave granted.

2. The Appellant herein a company registered under the laws of India and an American company known as North American Coal Corporation (A Delaware Corporation) hereinafter referred to as the `American company' entered into an agreement dated 1st January, 2009 for mine and development operations hereinafter referred to as "AGREEMENT-I".

3. Under AGREEMENT-I, the American company agreed to provide certain consultancy and other onsite services for a mine to be operated by the appellant herein in India. Article XII [Article XII insofar as it is relevant for our purpose reads as follows:-"Section 12.1 Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with the laws of the United Kingdom without regard to its conflict of laws principles.
Section 12.2 Dispute Resolution; Arbitration.
(a) Any and all claims, disputes, questions or controversies involving Reliance (i.e. SASAN) on the one hand and NAC on the other hand arising out of or in connection with this Agreement (collectively, "Disputes") which cannot be finally resolved by such parties within 60 (sixty) days of arising by amicable negotiation shall be re





























































































































































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