VidhiSangh

Supreme Court of India · 14/09/2021

ARCELOR MITTAL NIPPON STEEL INDIA LTD. versus ESSAR BULK TERMINAL LTD.

[2021] 5 S.C.R. 1022 · 2021 INSC 478

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Summary

The Court held that constitution of an arbitral tribunal did not require restarting fully heard Section 9 applications before the tribunal. To entertain meant taking the matter up with application of mind, rather than mere filing. The Commercial Court had already heard both applications and reserved orders before tribunal constitution, so it could complete adjudication without examining Section 17’s efficacy afresh. The appeal was allowed only to clarify that point; the direction to proceed otherwise remained. No substantive interim relief or cargo-handling liability was decided.

Issues

  1. When a Section 9 application is entertained for purposes of the restriction after tribunal constitution.
  2. Whether a court that had completed the hearing had to assess Section 17 efficacy or transfer the matter to the tribunal.

Provisions considered

Held

Result

Appeal allowed only for clarification: Commercial Court to complete Section 9 adjudication without a fresh Section 17-efficacy inquiry; impugned order otherwise undisturbed.

Judgment PDF: Supreme Court of India, [2021] 5 S.C.R. 1022.