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Civil · Reportable judgment

Arabian Exports Private Limited vs National Insurance Company Ltd.

Court
Supreme Court of India
Date
6 May 2025
Case No.
Civil Appeal No(s). 6372-6373 of 2025
Result
Allowed
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2025] 5 S.C.R. 798 : 2025 INSC 630
Acts & Sections
Arbitration and Conciliation Act, 1996
Supreme Court Reports [2025] 5 S.C.R. 798 : 2025 INSC 630
Issue for consideration
Whether a dispute raised by an insured after giving a full and final discharge voucher to the insurer can be referred to arbitration.
Headnote

Arbitration and Conciliation Act, 1996 – s.11 – Appellant claimed loss and damages under the insurance policies taken from the respondent – After a considerable delay, a grossly inadequate amount was offered by the respondent – Due to financial strain, appellant signed the undated and standardized voucher/advance receipt – Pursuant thereto, appellant received the cheque issued by the respondent – Later, appellant invoked arbitration clause to settle the balance amount being the difference between the claim lodged by the appellant and the amount paid by the respondent – Respondent denied any liability and refused to accept arbitration – Appellant filed applications u/s.11 of the Act for appointment of arbitrator – High Court held that no arbitrator could be appointed in view of acceptance of the amount in full and final settlement – Correctness:

Held: High Court was wrong in rejecting the s.11(6) applications of the appellant – The question as to whether the appellant was compelled to sign the standardized voucher/advance receipt forwarded to it by the respondent out of economic duress and whether notwithstanding receipt of Rs. 1,88,14,146.00 as against the claim of Rs. 5,71,69,554.00 the claim to arbitration is sustainable or not are clearly within the domain of the arbitral tribunal – Thus, impugned order set aside. [Paras 41, 42]

Arbitration and Conciliation Act, 1996 – Invocation of arbitration after settlement between the parties – Concept of ‘accord and satisfaction’ – Discussed. [Paras 33-39]

Arbitration and Conciliation Act, 1996 – Doctrine of kompetenzkompetenz firmly embedded in arbitration jurisprudence in India – Discussed. [Para 40]

Keywords: Insurance policies · Full and final discharge vouchers · Accord and satisfaction · Res integra · Undated and standardized voucher/ advance receipt · Financial duress · Bilateral negotiated settlement · Arbitrable disputes · Plea of coercion · Doctrine of kompetenzkompetenz · Minimum judicial intervention

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Ujjal Bhuyan, J. Leave granted. 2. These appeals by special leave are directed against the order dated 02.12.2011 passed by the High Court of Judicature at Bombay in Arbitration Application Nos. 186-187 of 2011. 3. In this case, delay was condoned and notice was issued on 11.05.2012. 4. The short issue for consideration in these appeals is whether a dispute raised by an insured after giving a full and final discharge voucher to the insurer can be referred to arbitration. 5. As we shall deliberate upon, this issue is no longer res integra. 6. However, for a proper perspective, r
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