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2018 Supreme(Del) 2148

NAVIN CHAWLA
Dredging Corporation of India – Appellant
Versus
Mercator Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. V. Seshagiri, Mr. Siddharth Sachar, Mr. Varun Loonkar, Advs.
For the Respondents: Mr.Sandeep Sethi, Sr. Adv. with Mr. A.K. Gupta, Mr. Prashant Bhardwaj, Mr. Amitava Majumdar, Mr. Arjun Mital, Ms. Tripti Sharma, Advs., Mr.Arvind Kumar Gupta, Mr. Amitava Majumdar, Mr. Prashant Bhardwaj, Mr. Gajanand Kirodiwar, Mr. Arjun Mittal, Ms. Tripti Sharma, Advs.

JUDGMENT :

NAVIN CHAWLA, J.

1. The respondent has challenged the jurisdiction of this Court to entertain these petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).

2. The ground of challenge is that the seat of arbitration in the present petitions was London and therefore, Part-I and Section 34 of the Act will not be applicable to such arbitration proceedings.

3. The Arbitration Agreement between the parties is contained in Clause 24 of the Time Charter Party Agreements which is identical in all three cases and is reproduced herein below:

“24. Law and Arbitration:

(a) This contract shall be governed by and construed in accordance with Indian Law and any dispute arising out of or in connection with this contract shall be referred to arbitration in London in accordance with the Arbitration Act, 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this clause. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms current at the time when the arbitration proceedings are commenced.

The reference shall be to t
































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