REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

ARBITRATION PETITION NO. 16 OF 2007

VISA International Ltd.

…Applicant

Versus

Continental Resources (USA) Ltd.

…Respondent

J U D G M E N T

B.SUDERSHAN REDDY,J.

This application under sub-section (5) and (9) of Section 11 of

the Arbitration and Conciliation Act, 1996 (for short “the Act”) has

been filed with a prayer to appoint an Arbitrator in terms of Clause VI

of the agreement dated 15.2.2005 entered into by and between the

applicant and the respondent.

2.

The facts leading to filing of this application may briefly be

noticed:

1

3.

The applicant is, inter alia, engaged in the business of providing

services in international trading of Minerals, Metals and Ship

Chartering. The respondent with an intention to make substantial

investments to set up an integrated aluminium complex in Orissa with

an Alumina refinery to be catered by the bauxite deposits of

Gandhamardan Mines entered into a Memorandum of Understanding

(for short “MOU”) with Orissa Mining Corporation Ltd. (for short

“OMC”) for mining of bauxite deposits from the Gandhamardan Mines

situated in the State of