SC explains Scope of Challenge against Enforcement of Award under Section 48(1)(B)

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Ltd. (Supreme Court); Civil Appeal No. 2562 OF 2006; Date of Order- 02/06/2020

Scope of Challenge Against Enforcement of Award under Section 48(1)(B) – ‘Otherwise Unable to Present Its Case

FACTS

The Appellant, under a Contract of sale agreed to supply copper concentrate to the Respondent which was to be used at the Khetri Plant of the Respondent. Despite supply of the goods and due payments made as per the Contract, disputes arose between the parties. Consequently, the Appellant invoked Clause 14 of the Agreement which provided for a two-tiered arbitration clause.

The first layer of the arbitration clause provided reference of disputes to arbitration in India. Whereas, the second layer was an appeal of the first arbitration to a second arbitration which was to be held in London under administration of International Chambers of Commerce (“ICC”).

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