September 15, 2021 11:59 AM
The Supreme Court rejects ArcelorMittal Nippon India’s plea on arbitration, Steel India Ltd and upheld an earlier Surat commercial court order rejecting the LN Mittal owned company’s request to transfer proceedings over a cargo handling agreement dispute and non-payment with Essar Bulk Terminal to an arbitration tribunal constituted by the Gujarat High Court.
The SC bench of Justices Indira Banerjee and J K Maheswari, Supreme Court rejects ArcelorMittal Nippon India’s plea on arbitration held that the trial court can consider the Section 9 Arbitration Act application filed by Essar against ArcelorMittal.
The commercial court heard both the parties and reserved its orders on June 7. While the case was pending in the Surat court, both parties agreed to set up an arbitral tribunal on July 9. Within a week, ArcelorMittal moved an application for transfer of dispute to the tribunal and the same was dismissed both by the commercial court and the HC.