Hba Offshore Pte. LTD. vs. Samsung Heavy Industries INDIA Private Limited
Held
The Court held that the LOI was not a concluded contract and was determinable. However, this did not affect the validity of the arbitration clause within it. The appellant's request for interim relief was dismissed.
Facts
The appellant sought interim relief under Section 9 of the Arbitration and Conciliation Act after the respondent declared a Letter of Intent (LOI) null and void. The LOI was for providing an Accommodation Work Barge for a project. Negotiations for a full contract (GCC) were ongoing, with several extensions granted for the LOI.
Key Issues
Whether the LOI constituted a concluded contract and if interim relief could be granted pending arbitration, given the LOI's determinable nature.
Sections Cited
Section 9, Section 37
AI-generated summary — verify with the full judgment below
1 A.F.R. RESERVED Court No. - 21 Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 94 of 2022 Appellant :- Hba Offshore Pte. Ltd. Respondent :- Samsung Heavy Industries India Private Limited Counsel for Appellant :- Vinayak Mithal Counsel for Respondent :- Kartikeya Saran Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J. (Per : Hon'ble Jayant Banerji, J.)
This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arises out of the order dated 26.8.2022 passed by a learned Judge on an application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 19961 (Arbitration & Conciliation Application u/s 11(4) No.- 98 of 2022, HBA Offshore Pte. Ltd. Vs. Samsung Heavy Industries Limited India), whereby that application was dismissed. BACKGROUND:
As it appears in the appellant's affidavit, the respondent floated a tender/RFQ (request for quote) for their project-provision of Accommodation Work Barge2, with associate services required during the Hook-up and commissioning of RUBY FPSO for Reliance Industries Limited at MJ Field, in the block KG-DWN-98/3 (KG-D6), in the Bay of Bengal, East Coast of India on 23.2
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