Glencore International AG vs Shree Ganesh Metals 2025 INSC 1036 - Ss.44,45 Arbitration Act - Unsigned Arbitration Agreement
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Arbitration and Conciliation Act 1996- Section 44,45 - An arbitration agreement needs to be in writing though it need not be signed- This legal principle would hold good equally for an arbitration agreement covered by Sections 44 and 45. (Para 28) a commercial document having an arbitration clause has to be interpreted in such a manner as to give effect to the agreement rather than invalidate it. (Para 27)
Case Info
Case Name and Neutral Citation
- Case Name: Glencore International AG v. M/s. Shree Ganesh Metals and another
- Neutral Citation: 2025 INSC 1036
Coram (Judges)
- Justice Sanjay Kumar
- Justice Satish Chandra Sharma
Judgment Date
- Date: August 25, 2025
Caselaws and Citations
The following cases are cited in the judgment:
- Interplay between Arbitration Agreements under Arbitration and Conciliation Act, 1996 and Stamp Act, 1899, In Re
- (2024) 6 SCC 1
- Shin-Etsu Chemical Co. Ltd. vs Aksh Optifibre Ltd. and another
- (2005) 7 SCC 234
- M.R. Engineers and Contractors Pvt. Ltd. vs. Som Datt Builders Ltd
- (2009) 7 SCC 696
- NBCC (India) Ltd. vs. Zillion Infraprojects Private Limited
- (2024) 7 SCC 174
- Govind Rubber Limited vs. Louis Dreyfus Commodities Asia Private Limited
- (2015) 13 SCC 477
- Caravel Shipping Services Private Limited vs. Premier Sea Foods Exim Private Limited
- (2019) 11 SCC 461
- Jugal Kishore Rameshwardas vs. Goolbai Hormusji
- (1955) 2 SCC 187
- Scrutton on Charter Parties
- 17th Edition, Sweet & Maxwell, London, 1964 (treatise, not a case)
Statutes/Laws Referred
- Arbitration and Conciliation Act, 1996
- Section 7 (Arbitration agreement)
- Section 44 (Definition of foreign award)
- Section 45 (Power of judicial authority to refer parties to arbitration)
- Code of Civil Procedure, 1908
- Stamp Act, 1899
An arbitration agreement needs to be in writing though it need not be signed.#SupremeCourt held that this principle applies also for an arbitration agreement covered by Sections 44 and 45 A&C Act https://t.co/TVdNlqoIR8 pic.twitter.com/VaOwSdfP5p
— CiteCase 🇮🇳 (@CiteCase) August 25, 2025
