M/S. CENTROTRADE MINERALS AND METALS INC vs HINDUSTAN COPPER LTD

Bench: 3 — R.F. Nariman, S. Ravindra Bhat, V. Ramasubramanian

In Brief

Centrotrade Minerals, a US corporation, contracted with Hindustan Copper Ltd (HCL) to supply copper concentrate. A dispute over delivered quantity was subject to a two-tier arbitration clause: first tier in India (resulting in a Nil Award), second tier under ICC in London. The ICC arbitrator awarded Centrotrade over $500,000 plus costs. HCL sought to resist enforcement in Indian courts, claiming it was unable to present its case before the ICC arbitrator. The Supreme Court held that HCL's inability claim failed because it deliberately refused to participate, chose not to submit materials by deadlines despite multiple extensions, and submission delays were within its control, not outside circumstances. The foreign award was accordingly enforced.

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Arbitration and Conciliation International Arbitration Enforcement of Foreign Awards Natural Justice Procedural Fairness New York Convention 1958 Section 48 Arbitration Act Two-tier Arbitration ICC Arbitration

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