VidhiSangh

Supreme Court of India · 21/08/2018

UNITED INDIA INSURANCE CO. LTD. & ANR. versus HYUNDAI ENGINEERING AND CONSTRUCTION CO. LTD. & ORS.

[2018] 12 S.C.R. 1085 · 2018 INSC 732

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Summary

The insurer completely repudiated liability for a bridge-construction loss under a policy allowing arbitration only over quantum where liability was admitted. The Supreme Court held that the conditional arbitration clause was not activated, set aside appointment of an arbitrator, and left the insured free to pursue a civil suit without deciding its merits or the cause-of-action issue.

Issues

  1. Whether a policy arbitration clause confined to quantum disputes where liability was admitted could support appointment of an arbitrator after complete repudiation.

Provisions considered

Held

Result

Appeal allowed; the arbitrator-appointment order was set aside and the original petition dismissed, with liberty to pursue a civil suit if advised. Merits and the suit’s cause-of-action question were left open. No costs.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 1085.