VidhiSangh

Supreme Court of India · 18/08/2023

H. J. BAKER AND BROS. INC versus THE MINERALS AND METALS TRADE CORPORATION LTD. (MMTC)

[2023] 11 S.C.R. 287 · 2023 INSC 747

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld partial setting aside of a sulphur-supply arbitral award: damages for January–June 1992 survived, but the later-period claim lacked adequate proof of the relevant market price and loss. It declined to disturb the 12% interest award where the claim had not been contested before the tribunal and the objection did not establish patent illegality.

Issues

  1. Whether the damages awards for the two periods were sustainable.
  2. Whether reliance on foreign-currency interest principles required setting aside the 12% interest award.

Provisions considered

Held

Result

Both sides’ appeals dismissed. Partial setting aside of the award for the later period, and the surviving damages and interest award, left undisturbed. No costs.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 287.