OHT HAWK AS Vs. JAGSON INTERNATIOAL LTD
LAWS(DLH)-2018-7-65
HIGH COURT OF DELHI
Decided on
July 04,2018
Oht Hawk As
Appellant
VERSUS
Jagson Internatioal Ltd
Respondents
Referred Judgements :-
YEOMAN S ROW MANAGEMENT LIMITED AND ANR. V. COBBE [REFERRED TO]PURAN LAL SAH VS. STATE OF UTTAR PRADESH [REFERRED TO]
FOOD CORPORATION OF INDIA VS. VIKAS MAJDOOR KAMDAR SAHKARI MANDLI LTD [REFERRED TO]
LAL MAHAL LTD VS. PROGETTO GRANO SPA [REFERRED TO]
XSTRATA COAL MARKETING AG VS. DALMIA BHARAT (CEMENT) LTD [REFERRED TO]
JUDGEMENT
Navin Chawla, J. -
(1.)I.A.No.8471/2016
This application has been filed by the respondent under Section 48 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') inter-alia praying therein that the enforcement of the Foreign Award dated 07.01.2015 as subsequently amended on 09.02.2015 and 16.03.2015 along with the Supplementary Award dated 06.07.2015 be refused.
(2.)The disputes between the parties arose out of the Charter Party Agreement dated 21.07.2010 executed between the parties whereby the petitioner as "owner" chartered to the respondent "charterer" its ship "Hawk" for the carriage of a cargo of 2 Jack-up rigs from Malaysia to India.
(3.)Clause 29, Part-I read with Clause 39, Part-II of the Charter Party Agreement provided for resolution of disputes in accordance with the English Law through Arbitration in London conducted in accordance with the London Maritime Arbitrators Association (LMAA) Rules.
This application has been filed by the respondent under Section 48 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') inter-alia praying therein that the enforcement of the Foreign Award dated 07.01.2015 as subsequently amended on 09.02.2015 and 16.03.2015 along with the Supplementary Award dated 06.07.2015 be refused.
(2.)The disputes between the parties arose out of the Charter Party Agreement dated 21.07.2010 executed between the parties whereby the petitioner as "owner" chartered to the respondent "charterer" its ship "Hawk" for the carriage of a cargo of 2 Jack-up rigs from Malaysia to India.
(3.)Clause 29, Part-I read with Clause 39, Part-II of the Charter Party Agreement provided for resolution of disputes in accordance with the English Law through Arbitration in London conducted in accordance with the London Maritime Arbitrators Association (LMAA) Rules.
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