Supreme Court · 2003 INSC 318 · Decided 17 July 2003
Food Corporation of India v. Indian Council of Arbitration and ORS. ETC.ETC.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 318 · [2003] SUPP. 1 S.C.R. 568
- Case number
- CIVIL APPEAL No. 4655/2003
- Decided
- 17 July 2003
- Bench
- DORAISWAMY RAJU, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Arbitration Act Section 11, 161, 16
Headnote
Indian Arbitration Act, 1996; Ss. 11 and 161/ndian Council of Arbitration Rules; Rules 4(6), 5, 9, JO, 13 to 22 and 37: Agreement between C the parties with an arbitration clause-Arbitration clause vis-a-vis !CA. Rules-Conflict between-ICA insisting for fresh arbitration clause­ Reference by appellant lo follow !CA Rules-Held: Any objections as to the existence/ enforceability/legality/validity of the arbitral clause in the agreement could only be adjudicated by the Tribunal after its constitution and on making a D reference to ii and not by the Courts. E
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