India / 07 October 1999 / India, Supreme Court / Thyssen Stahlunion GMBH Etc. v. Steel Authority of India Ltd. / Civil Appeal No. 6036/98
| Country | India |
| Court | India, Supreme Court |
| Date | 07 October 1999 |
| Parties | Thyssen Stahlunion GMBH Etc. v. Steel Authority of India Ltd. |
| Case number | Civil Appeal No. 6036/98 |
| Source |
1999 AIR 3923; 1999(3) Suppl. SCR 461; 1999 (9) SCC 334; 1999(6) SCALE 441, 1999(8) JT 66 | http://www.judis.nic.in (website of the decisions of the Supreme Court as well as several High Courts) |
| Languages | English |
| Summary | In 1999, the Supreme Court of India heard three cases together, each of which related to whether the 1996 Arbitration and Conciliation Act ("Act") or the previous acts—the 1940 Arbitration Act for domestic awards and the 1961 Foreign Awards (Recognition & Enforcement) Act ("1961 Act"), which implemented the NYC—applied to the disputes between the parties. One of these cases, Western Shipbreaking Corp. v. Clareheaven Ltd., involved the enforcement of a foreign arbitral award. Clareheaven entered into an agreement with Western Shipbreaking and agreed to arbitrate any disputes in London under U.K. law. A subsequent dispute led to a February 1996 award. The High Court held that the new Act applied to the award, and Western Shipbreaking appealed to the Supreme Court. The Supreme Court held that the new Act applied to the award. Although the proceedings occurred before the Act entered into force, the award itself was rendered after the commencement of the Act and the act is related to the enforcement of foreign awards not the arbitration proceedings themselves. The Court also noted that even if the 1961 Act applied, there was no material difference between the two acts regarding the substantive right to enforce the awards. |
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