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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon'ble Chief Justice, CJ
Appellant – Appellant
Versus
Respondent – Respondent
| Table of Content |
|---|
| 1. nature of shipment and dispute background (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties’ contentions on arbitration agreement validity (Para 7 , 8 , 9 , 10) |
| 3. applicability of multimodal transport document provisions (Para 11 , 12 , 13) |
| 4. legal principles on arbitration clause independence and survivability (Para 14 , 15 , 16 , 17) |
| 5. court analysis on arbitration clause language and jurisdiction (Para 18 , 19 , 20 , 21) |
| 6. limitation exclusion and final decision (Para 22 , 23) |
(Judgment of the Court was delivered by the Hon'ble Chief Justice)
This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (the “Act”), by which, an order dated 30.08.2023 passed by the learned Single Judge of this Court under Section 34 of the Act is challenged.
2. Appellant had imported certain goods from Vietnam. Respondent, who operated as a Multimodal Transport Operator, issued Bill of Lading dated 11.03.2020 (House Bill of Lading) showing one Vietnam Garment Materials Production and Business Company Ltd. as shipper and Gravity Ventures as consignee. Appellant carries on business as sole proprietor in the name and style of M/s. Gravity Ventures.
3. The port of loading was
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