Summary
- The Delhi High Court has restrained a London Maritime Arbitrators Association arbitration in SARR Freights Corporation v Argo Coral Maritime Ltd, ruling that the parties never agreed to arbitrate.
- The Division Bench reversed a single judge’s interim relief refusal, emphasizing that English-style rectification is incompatible with Indian evidence law.
- The court's findings hinge on factual determinations regarding the absence of an arbitration clause in the Booking Note and the parties' intentions.
- This decision raises questions about its implications for foreign arbitration agreements and how Indian courts will interpret signed writings moving forward.
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