Supreme Court · 1999 INSC 377 · Decided 1 September 1999

Atlas Export Industries v. Kotak and Company

Court
Supreme Court of India
Citation
1999 INSC 377 · [1999] SUPP. 2 S.C.R. 192
Case number
CIVIL APPEAL No. 7410/1994
Decided
1 September 1999
Bench
S. RAJENDRA BABU, R.C. LAHOTI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Contract Act Section 23, 28

Headnote

Foreign Awards (Recognition and Enforcement) Act, 1965: Sections 5 and 6. C Arbitration-Agreement to refer disputes to arbitration-Referencial incorporation of arbitration clause is permissible and binding on parties­ Se//er entered into a contract to supply goods to foreign buyer through contract of the Grains and Food Trade Association D Ltd (GAFTA)-The standard contract provided for settlement of disputes by arbitration in a foreign country which actually took place and award passed­ Va/idity.. of-Held: It is not open to a party entering into a contract to raise objections

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