EMMSONS INTERNATIONAL LTD Vs. METAL DISTRIBUTORS (UK) LTD

JUDGEMENT

(1.) THIS is an application filed on behalf of the defendant no.1 under Section 8 of the Arbitration and Conciliation Act, 1996 of India to dismiss the suit and to refer the parties to arbitration in accordance with Clause 13 of the agreement between the parties. The following is the relief para in this application:

(2.) I may note that a learned Single Judge of this Court on 7.1.2005 in IA no. 388/2002 filed by the defendant no.1 for dismissal of the suit on the ground that the Courts in UK have jurisdiction, passed a judgment dismissing the application. This order was sustained by the Division Bench in appeal in FAO(OS) No.138/2005 for different reasons, and it was observed that the said judgment would not be a reflection for decision of the present application filed under Section 8 by the defendant no.1. Para 21 of the order of the Division Bench reads as under:-

(3.) SECTION 9 of the UK Arbitration Act reads as under:-