Gourab Banerji, SA successfully acted in the Supreme Court of India for a US metal trader Centrotrade, which was seeking to enforce an ICC award against Hindustan Copper, an Indian Public Sector Undertaking.
A three-judge bench held that an arbitration clause allowing for a two-tier procedure was valid under Indian law and not contrary to Indian public policy. The decision emphasized that party autonomy was the backbone of commercial arbitration. The reference to a three-judge bench was necessitated in view of a split verdict between two judges.
Gourab was instructed by solicitors from Karanjawala & Company.
Read the judgment of M/s Centrotrade Minerals & Metals Inc. v. Hindustan Copper Ltd. [reported as 2016 (12) SCALE 1015] in full here: http://supremecourtofindia.nic.in/FileServer/2016-12-16_1481881224.pdf
