Dispute Resolution & Arbitration Monthly Update | October 2021

Arcelor Mittal Nippon Steel India Ltd v. Essar Bulk Terminal Ltd

Civil Appeal No. 5700 of 2021 arising out of Special Leave Petition (Civil) No.13129 of 2021

Background facts

• A Cargo Handling Agreement was executed between Arcelor Mittal Nippon Steel India Ltd (Appellant) and Essar Bulk Terminal Ltd (Respondent). Article 15 of the said Cargo Handling Agreement provided that all disputes arising out of this agreement were to be settled in Courts, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (Act) and be referred to a sole Arbitrator appointed mutually by the parties.
• Due to a fall-out between the parties, the Appellant invoked the arbitration clause by a notice of arbitration dated November 22, 2020. Since there was no response from the Respondent, an application under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act) was filed by the Appellant in the High Court of Gujarat (HC). A delayed response to the