In the case of Centrotrade Minerals & Metals Inc v Hindustan Copper Ltd, the Supreme Court has upheld the validity of appellate arbitration clauses.
The appellant, Centrotrade Minerals, with its headquarters in Virginia, US, had entered into a contract for the sale of 15,500 DMT (dry metric tonnes) of copper concentrate. A dispute arose regarding the quantity of dry weight of copper delivered. Clause 14 of the agreement between the parties provided for the first tier of arbitration in India and, in case of no decision, the second would be via the International Chamber of Commerce (ICC) in London. The Supreme Court had, in 2017, upheld the validity of two-tier arbitration agreements under the Arbitration and Conciliation Act, 1996.
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