VidhiSangh

Supreme Court of India · 01/05/2018

UNION OF INDIA versus HARDY EXPLORATION AND PRODUCTION (INDIA) INC

[2018] 5 S.C.R. 662 · 2018 INSC 865

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Summary

In this 1 May 2018 reference order, the Supreme Court sent the appeal concerning the seat and venue of an international commercial arbitration to a larger Bench. The agreement identified a venue but not expressly a seat, raising questions about the law governing post-award proceedings and Indian court jurisdiction. In light of decisions by Benches of differing strengths and the issues urged, the Court expressly declined to decide any question on merits and directed placement before the Chief Justice for constitution of the appropriate Bench.

Issues

  1. How the arbitral seat should be determined when the agreement specifies a venue but not a seat.
  2. Whether the recurring jurisdictional issues and authorities warranted consideration by a larger Bench.

Held

Result

Appeal referred for hearing by an appropriate larger Bench. Registry to place the matter before the Chief Justice; no findings recorded on the merits of any issue.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 662.