COSID, Inc. (U.S.) v. Steel Authority of India, Ltd. (India)

[1985] 11 Y.B. Comm. Arb. 502 (1986)

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COSID, Inc. (U.S.) v. Steel Authority of India, Ltd. (India)

Delhi High Court
[1985] 11 Y.B. Comm. Arb. 502 (1986)

Facts

Steel Authority of India, Ltd. (Steel Authority) (defendant), a company owned in part by the Indian government, exchanged letters with COSID, Inc., and reached an agreement that Steel Authority would sell steel sheet coils to COSID. The terms and conditions of the sale agreement contained a provision stating that disputes would be arbitrated by the International Chamber of Commerce (ICC) in London, England. A dispute over delivery of the coils arose, and COSID initiated arbitration at the ICC in London. The ICC arbitration resulted in an award in favor of COSID. COSID then filed an action in the England and Wales High Court of Justice, seeking a court order holding that the award could be enforced as a judgment. The high court granted COSID’s request for an order of enforceability. COSID filed a subsequent case at the Delhi High Court seeking to enforce and collect on the English award. Steel Authority argued that the award was not subject to recognition and enforcement in India, because the English court had already granted an order establishing the enforceability of the award. Therefore, Steel Authority argued, the award had merged into the English judgment and was no longer actionable.

Rule of Law

Issue

Holding and Reasoning (Wadhwa, J.)

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