Commercial matter under the arbitration and conciliation Act, 1996

Introduction

Arbitration and Conciliation Act, 1996 is an Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. The Indian Arbitration and Conciliation Act, 1996 is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985. Previous statutory provisions on arbitration were contained in three different enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961.

This Act is enacted to settle disputes in respect of legal relationship whether contractual or not without going through the legal and complicated Civil Court procedures. The award by arbitrator is enforced under the Code of Civil procedures in the same manner as if it were a decree of the Court. This Act has also provisions for enforcement of certain foreign awards. Undoubtedly, arbitration is a speedy and effective remedy to resolve disputes between the parties by experts in technical, commercial or like fields, selected by parties' own choice as far as possible, or otherwise, with the intervention of court. The word “commercial” as such has not been defined anywhere in the Arbitration and Conciliation. References have been made to “international commercial arbitration” and has been dealt specifically under s.2(1)(f) of the Act.

s.2(1)(f) runs as follows:

 “International commercial arbitration” means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is-

(i) An individual who is a national of, or habitually resident in, any country other than India; or

(ii) A body corporate which is in corporate in any on n try other than India; or

(iii) A company or an association or a body of individuals whose central management and control is exercised in any country other than India; or

(iv). The Government of a foreign country;

Meaning of commercial:

In ordinary parlance, ‘commercial’ means: 1. Of, engaged in or concerned with, commerce; 2. Having profit as a primary aim rather than artistic etc. Value;philistine.’( The Concise Oxford Dictionary).

 In Black’s Law Dictionary, ‘commercial is defined as: is occupied with business commerce. The term ‘commercial’ should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not.

International commercial arbitration  [s.2(1)(f)]:

s.2(1)(f) of Indian Arbitration and Conciliation Act, 1996 deals with international commercial arbitration. The definition of international commercial arbitration in s.2(1)(f) has two elements, one physical and the other conceptual. The physical element is that one party should be foreigner, namely either a foreign national or resident, or a foreign body corporate, or a company, an association or body of individuals whose central management or control is in foreign hands or a government of some foreign country.

 The conceptual element is that the legal relationship between parties, contractual or otherwise, must be such as is considered “commercial” under Indian laws.  

The model law is designed to establish a special regime for international cases. It is in these cases that the present disparity between national laws creates difficulties and adversely affects the functioning of the arbitral process. Furthermore, in these cases more flexible and liberal rules are needed in order to overcome local constraints and peculiarities. Finally, in these cases, the interest of a state in maintaining its traditional concepts and familiar rules is less strong than in a strictly domestic setting. However, despite this design and legislative self-restraint, any State is free to take the model law, whether immediately or at a later stage, as a model for legislation on domestic arbitration and thus, avoid a dichotomy within its arbitration law.

When there was a proposal was there to remove the footnote, the view taken was that the footnote should be retained, though possibly with certain modifications. It was realized that no generally acceptable definition had been found to date and that any definition would entail certain risks. It was felt that the footnote, despite its uncertain legal effect, could provide useful guidance in interpretation, at least to the drafters of any national enactment of the model law.

Forum Non Conveniens in the context of international commercial arbitration:

According to the doctrine, or principles of forum non conveniens, a court can in exercise of its inherent power decline to exercise jurisdiction in a case brought before it, on the basis that a court in another jurisdiction is the more appropriate venue for the trial of the matter. In a standard case, the jurisdiction will be a foreign jurisdiction; but a court in a federation might also decline jurisdiction in favour of another jurisdiction within the federation. The relief that is normally sought in this case by the party arguing forum non conveniens is an order for a permanent stay on proceedings. By parallel reasoning, the court may assume jurisdiction in a case and restrain a party from litigating the matter in a foreign jurisdiction, on the basis that the other jurisdiction would be in a less appropriate venue. Such injunctions are usually referred to as anti-suit injunctions. In principle, the forum non conveniens rules governing be similar. The rationales for the doctrine have been variously stated.it functions to avoid the time and expense of dual proceedings dealing with the same dispute and the possibility of inconsistent results, and to avoid costly exercises in comparative law. The doctrine permits a court to resist imposition upon its jurisdiction in a case where there is little if any connection between the case and the forum, in the interests of convenience, judicial economy and justice.

Commercial Arbitration:

The diversity of commercial activities has resulted in the growth of various systems of arbitration which do not make use of the ordinary legal procedure. Such systems have been evolved to deal with disputes which arise within particular trades. An agreement providing for arbitration by ‘commercial men’ is ordinarily called a commercial arbitration. It is not a special kind of arbitration governed by any special rule. Nor is it different from similar proceedings in arbitration.

The position and duties of an arbitrator in commercial arbitration have undergone significant changes. Courts have gone very far in ignoring the technicalities and irregularities on the part of such arbitrators unless there is some substantial error behind them. Mere technical objections based on irregularities and defects in form and procedure are not encouraged.[1] But this does not mean that commercial men are entitled to ignore the fundamental principles of justice and fair play.

It is now a well settled principle applied to all arbitrations including commercial arbitration that the arbitrator is bound to give effect to all legal defences including a defence of any statute of limitation.[2]

In commercial arbitrations the arbitrators are bound to decide the questions if raised under the arbitration clause as to frustration, limitation and other defences. The arbitrators are also competent to decide questions of law, existence of customs or usage in particular trade which is not contrary to public policy or contrary to the terms of the contract.

The rapid world-wide development of trade and commerce has given rise to complexities of various types, nature, and magnitude and State policies. Various chambers of commerce, both national and international, have been established in large numbers to provide machinery for arbitration available to the members and non-members alike.

Some of the chambers which provide for court of arbitration in commercial contracts are London Chamber of Commerce, American Arbitration association, International chamber of commerce etc. In India, the Indian Council of Arbitration, Federation of Indian Chambers of Commerce and Industry, East India Cotton Association, Bengal Chamber of commercial and Industry, Cotton textile Export Promotion Council are some of the specialised organisations dealing commercial arbitration in both national and international fields. In UK, both on the domestic and international fronts commercial arbitration is conducted by specialised arbitration bodies like the Institute of Arbitrators, the London Court of Arbitration, the London Maritime Arbitrators Association.

In commercial arbitrations which are conducted under the rules of the tribunal or arbitration framed by various trade associations-a two-tier system of arbitration is usually provided under which an appeal lies from the award of the arbitrator or the umpire to an Appeal Board constituted to the rules of the associations. In such cases the award of the Appeal Board is final award according to the agreement of the parties which incorporates the rules of the trade associations. 

As far as our Indian practice is concerned, an appeal shall lie firstly before the same Arbitral Tribunal as per Code of Arbitral Practice and Procedures of the Disputes Settlement Trust and after that only an appeal shall lie before any court for (a) Granting or refusing to grant any interim measure under Sec 9 and Sec 17 (b) setting aside or refusing to set aside an arbitral award under Sec 34. No second appeal shall lie before any court except the Supreme Court, from an order passed in appeal under Sec 37.

Here are some of the general principles that are followed in a commercial arbitration agreement:

Scott v. Avery clause: in contracts involving parties of different countries such as export transactions, foreign element and plant installation contracts, the arbitration clause should provide a machinery suitable to the international character of the transaction for facilitating the execution of award that may be made. This clause provides that no action shall be brought until an award has been made and such provision is very common in commercial contracts. This type of a clause is named after the case Scott v. Avery[3]. This clause is a condition precedent to the determination of liability of a party to a contract. Repudiation of contract does not affect this clause. A party successfully pleading Svott v. Avery clause as a defence in the suit cannot subsequently challenge the jurisdiction of an arbitrator when the matter in the suit is remitted to arbitration. There are two exceptions in which this clause may not be pleaded as a defence to a suit. First, where the conduct of the defendant is such that it disentitles him from relying on such clause. Secondly, where the agreement to arbitrate has ceased to exist.

In Viney v.Bignold[4] under an insurance policy there was a clause which provided that any dispute arising in the adjustment of a loss should be submitted to arbitration and the award should be conclusive evidence of the amount of the loss. It was further provided that the insured should not be entitled to commence any proceeding until the amount of the loss is determined by an arbitration award. In an action by the insured the arbitration clause was held to be good defence to the action.

Equity clause: amiable composition. It is settled law that an arbitrator shall act in accordance with law to decide a dispute. If the arbitration agreement is silent as to the matter in which decision of the arbitrator is sought, it is the duty of the arbitrator to decide the dispute according to equity and good conscience. He may not in such case follow the strict rule of law. It is often provided in arbitration clause that “the arbitrator shall be entitled to act as amiable compositeur”. Provision of such term in arbitration agreement is called “equity clause” or ‘amiable composition clause’.[5] This type of clause poses certain questions before the court. First, what does this clause mean? Secondly, what does this clause require the arbitrator to do? Thirdly, does this clause co-exist with substantive contract which is legally enforceable?

Centrocon clause: the Centrocon arbitration clause provides that a claim must be made in writing and the claimant’s arbitrator appointed within a specified time of final discharge and where this provision is not complied with, the claims shall be deemed to be waived and absolutely barred. The construction of such clause is not unreasonable, because it is mutual in its effect working equally against claims by shipowners or charterers and ought to be accepted by businessmen because of its advantages in providing of arbitration and litigation and in facilitating the obtaining of material evidence. In Centrocon arbitration clause the effective appointment of arbitrator is not made till he is told about the desirability of the claimant to appoint him as arbitrator in a particular matter and he has indicated his willingness to act in that matter.[6] This type of clause in a contract is not held to be ouster of jurisdiction of court.[7] 

Commercial under Indian laws:

There is no definition as such for the term “commercial” under the Arbitration and Conciliation Act, 1996. Moreover the Preamble itself shows that the entire Act 1996 is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.

s.28 of the Act deals with the rules applicable to substance of disputes and it reads as follows:

“(1) Where the place of arbitration is situate in India, -

(a) In an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in India;

(b) In international commercial arbitration, -

(i) The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substances of the dispute;

(ii) Any designation by the parties of the law or legal system of a given country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that country and not to its conflict of laws rules;

(iii) Failing any designation of the law under clause (a) by the parties, the arbitrat tribunal shall apply the rules of law it considers to be appropriate, given all the circumstances surrounding the dispute.”

The expression ‘commercial’ should be construed broadly having regard to the manifold activities which are integral part of international trade to-day. As pointed out by the Supreme Court in Koch Navigation Inc. v. Hindustan Petroleum Co. Ltd[8]., liberal construction is to be given to any expression or phrase used in the Act which, however, must be consistent with its literal and grammatical sense, since the Act is calculated and designed to subserve the cause of facilitating international trade and promotion thereof by providing for speedy settlement of disputes arising in such trade through arbitration.

In Fatechand Himmatlal v. State of Maharashtra[9], Supreme Court observed that any service or activity which in the modern complexities of business would be considered to be a lubricant for the wheels of commerce is ‘commercial’.

In Kamani Engg. Corp. Ltd v. Societe De Traction Et. D’Electricity Sociate Anonyme[10], it was observed: “it is difficult to find the exact meaning of the phrase “matters considered as commercial under the law in force in India”. Neither side has been able to point out any particular law wherein the phrases “commercial” or “matters commercial” have been defined. The intent of the Legislature while using the above phrase was that in matters of commercial contracts foreign arbitrations and awards should be recognised and enforced. Having regard to the purpose of the Act, widest meaning must be given to the word “commercial”. The contract in this case was on the face of it only a contract for technical assistance; it did not involve the defendants into any business of the plaintiffs; it was not in any sense participation in profits between the parties; by this contract, the defendants refused to be involved into any business of the plaintiffs and or any contracts of the plaintiffs; they have scrupulously kept themselves out of any commercial relations with the plaintiffs. Accordingly, it was held that contract was more or like a retainer or contract that was made between a solicitor, a counsel and an advocate on the one hand and a client on the other. Such a contract cannot be described as commercial.

In Josef Meisaner GMBR & Co. v. Kanoria Chemicals & Industries Ltd., [11]it was held that the agreement for supply of technical ‘know-how’ and expertise by Meisner to Kanoria in exchange for payment of a ‘fee’ by Kanoria to Meisner did not contain any element of transactions between merchants and traders as understood in Indian law.

The Supreme Court in Atiabari Tea Co. Ltd. v. State of Assam[12]held: Trade and commerce do not mean merely traffic in goods, i.e., exchange of commodities for money or other commodities. In the complexities of modern conditions, in their wide sweep are included carriage of persons and goods by road, rail, air, waterways, contracts, banking, insurance, transactions in the stock exchange and forward markets, communication of information, supply of energy, postal and telegraphic services and many more activities- too numerous to be exhaustively enumerated which may be called commercial intercourse... every sequence in the series of operations which constitutes trade on commerce is an act of trade or commerce and burdens or impediments imposed on any such steps are restrictions on the freedom of trade, commerce and intercourse....Articles 302, 303, 304 and 305, make it abundantly clear that the freedom contemplated was freedom of trade, commerce and intercourse in all their varied aspects inclusive of all activities which constitute commercial intercourse...”

In Indian Organic Chemicals Ltd v. Chemtex Fibres Inc.,[13]the plaintiff wanted to establish in India facilities for manufacture of 6,100m.t. of plastic staple fibre per annum, etc. The defendant No.1 was to supply machinery. The technical know-how was supplied by the defendant No. 2 who was also to approve the machinery supplied. Defendant No.3 stood as a guarantor for proper performance by the defendants Nos. 1 and 2. Three arguments were entered into between the parties. the Bombay High Court held that there must be some legal provision in the agreement which specifies or indicates or provides for recognition of legal relationship as commercial. An agreement must be commercial as not normally understood but by virtue of provisions of law of force in India. The view was disapproved by the division bench of the Bombay High Court in European Crain and Shipping Ltd. v. Bombay extractions(P) Ltd.,[14] where it was held that mere use of the word ‘under’ preceding the words ‘ the law in force in India’ would not necessarily mean that one has to find a statutory provision or a provision of law which specifically deals with the subject of particular legal relationship being commercial in nature. The division bench held that it was not necessary that there should be a statutory provision enumerating such legal relationship for determining whether the relationship is commercial or not. It was finally held- “we have no doubt that the contract in the instant case which was for the sale and purchase of a commodity, was clearly a contract which brought about legal relationship which was commercial in nature under the Indian law.” 

The Supreme Court in R.M.Investments & trading Co.P.Ltd v. Boeing Co[15]observed that while construing the expression of ‘commercial relationship’, guidance can also be taken from UNCITRAL Model law:

“the term “commercial” should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not. Relationships of commercial nature include, but are not limited to the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business co-operation; carriage of goods or passengers by air, sea, rail or road”.

The Supreme Court in Sudaram Finance Ltd. Vs. NEPC India Ltd.,[16] has observed that the provisions of the 1996 Act have to be interpreted being uninfluenced by the principles underlying the 1940 Act and in order to get help in construing the provisions of the said Act, it is more relevant to refer to the UNCITRAL Model Law rather than the 1940 Act.

Commercial in the UNCITRAL Model Law Countries:

The UN Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Arbitration Rules on April 28, 1976. Where the parties to contract have agreed in writing that disputes in relation to the contract shall be referred to arbitration under the UNCITRAL arbitration rules, then such disputes shall be settled in accordance with those rules subject to such modification as the parties may agree in writing. These rules are designed for world-wide use in commercial arbitration.

The Model Law describes “commercial” in a footnote:

“the term “commercial” should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not. Relationships of commercial nature include, but are not limited to the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business co-operation; carriage of goods or passengers by air, sea, rail or road”

Despite its presence in a footnote, this definition is an integral part of the Model Law. The drafters of Model Law wanted to produce an inclusive and open-ended description of the term commercial. The intention was to have a definition which can be used, in particular, by states which do not have a distinctive body of commercial law so that the Model Law would be applicable to all aspects of international business. The footnote while not giving a clear cut definition, provides guidance for an autonomous interpretation of the term “commercial”; it does not refer, as does the 1958 New York Convention [article 1(3)], to what the existing national law regards as commercial.

Some countries which adopted the Model law has incorporated the text of the footnote into a section of the law (for eg: Canada, England Cyprus etc);other jurisdictions simply reproduced the text in a schedule( Australia, Bahrain, Bermuda etc). India has adopted for an expressly Indian characterisation of commercial disputes while other countries have for various reasons not included the definition when adopting the Model Law. The decision of the drafters of the Model law to include an open-ended definition of “commercial” is well justified, especially when read together with reference to international proceedings. The intention is to have a scope of arbitration which is flexible enough to meet the needs of the international business community and which will facilitate the widest possible application of the Model Law. The drafters managed to avoid doctrinal traps and to focus on the nature of the transaction rather than the persons involved.

While a number of jurisdictions, which have not enacted the Model Law, make references to commercial arbitration or commercial transactions, almost none appears to define “commercial” in the context of arbitration. This silence is often deemed an implied reference to the concept of commercial law and commercial transactions as developed in the national (domestic) law.

“Commercial” in International Conventions

International conventions also refer to the commercial nature of transactions. They do not necessarily limit their scope to commercial disputes. Most of them, however, operate only for commercial transactions.

The New York Convention 1958 allows for a distinction to be made between commercial and non-commercial arbitration. This is reflected in Article 1(3), which contains what is known as the commercial reservation:

 “when signing, ratifying or acceding to this Convention...any State may...declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration”

The New York Convention suggests that “commercial” should be characterised on the basis of national law.

The European Convention on International Commercial Arbitration did not contain a specific definition of commercial. It adopted a general definition with a reference to Article I(1)(a):

“To arbitration agreements concluded for the purpose of settling disputes arising from international trade.”

The 1987 Amman Arab Convention on Commercial Arbitration also contains no clear definition of commercial transactions. Article 2 provides only that the convention will apply

“...to commercial disputes between natural or legal persons of any nationality, linked by commercial transactions with one of the contradicting States or one of its nationals, or which have their main headquarters in one of these States.”

When the ambit of a “commercial transaction” is to be ascertained, regard should be given to the international character of a convention and the need to promote uniformity. Accordingly, only an autonomous and comparative interpretations and characterisation is appropriate.

India is a party to the following conventions:

• the Geneva Protocol on Arbitration Clauses of 1923
• the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927; and
• the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. It became a party to the 1958 Convention on 10th June, 1958 and ratified it on 13th July, 1961. 

There are no bilateral Conventions between India and any other country concerning arbitration.

A glimpse at the Commercial Division of High Courts Bill, 2009

 Pursuant to the 188th Report of the Law Commission of India, 2003(“Report”), recently, the Commercial Division of High Courts Bill, 2009 (“Bill”) was passed by the Lok Sabha on December 18, 2009 and has been referred to a select committee for further discussions by the Rajya Sabha. The main object of the Bill is to provide for the establishment of dedicated divisions called the Commercial Division in each High Court of India, for the purpose of speedy disposal of commercial disputes valued at not less than INR 5,00,00,000 (Rupees Fifty millions) or such higher amount as the Central Government may notify in consultation with the concerned State Government.

Background: The suggestion for the constitution of hi-tech fast-track commercial divisions in High Courts in India was first proposed by the Report, which aimed at addressing two major issues. Firstly, though the radical changes in the policies of the Government since 1991 for liberalization promoted privatization, globalization and foreign investment, it also gave rise to a number of commercial disputes involving high stakes in India. This fortified the need to establish a speedy, cost effective and efficient dispute resolution mechanism. Secondly, this step was also necessary to oppose and counter the recent practice of some foreign Commercial Courts assuming jurisdiction in commercial disputes even where no cause of action arose in those countries. These courts cited forum non-conveniens as the reason owing to the dilatory process in India where the courts sometimes take upto twenty years or more in deciding the cases.

Salient Features of the Bill:

(a)   Commercial Dispute: 

Under the Bill, a comprehensive definition of “Commercial Dispute” has been provided which means

“a dispute arising out of ordinary transactions of merchants, bankers and traders such as those relating to enforcement and interpretation of mercantile documents, export or import of merchandise, affreightment, carriage of goods, franchising, distribution and licensing agreements, maintenance and consultancy agreements, mercantile agency and mercantile usage, partnership, technology development in software, hardware, networks, internet, website and intellectual property such as trademark, copyright, patent, design, domain names and brands and such other commercial disputes which the Central Government may notify”.

The explanation to the definition clarifies that a dispute, which is inherently commercial, shall not cease to be a Commercial Dispute merely because it also involves an action for recovery of immovable property, for realization of monies out of immovable property given as security or for taking any other action against immovable property. Further, a dispute will be deemed to be a commercial dispute if the immovable property involved in the dispute is used for trade or any commercial use. Also, an application under section 34 or section 36 or an appeal under section 37 of the Arbitration and Conciliation Act, 1996 shall be deemed to be a commercial dispute if the amount in dispute or claim relates to a Specified Value. Therefore, the Bill proposes a wide, exhaustive and exclusive definition of Commercial Dispute which encompasses within its scope disputes not only between tradesmen but also relating to commercial property, both immovable and movable including intangible property like patents, copyrights, trademarks, etc. It also empowers the Central Government to add to the list of Commercial Disputes as and when necessary.

(b)   Jurisdiction of court (that is relevant to our topic):

It includes applications under Sections 34 and 36 and appeals under Sections 37(1)(a) or (2) of the Arbitration and Conciliation Act, 1996, provided they are of Specified Value.
Further, the Bill also proposes to amend the Arbitration and Conciliation Act, 1996 appropriately to include Commercial Divisions within the definition of Court.
However, Commercial Disputes on which other Courts or Tribunals have exclusive jurisdiction will not go before the Commercial Division.

(c)    Procedure: In case of an application arising under Section 34 or 36 and appeals under Section 37(1) (a) and (2) of the Arbitration and Conciliation Act, 1996, the Commercial Division would need to make efforts to dispose the matter within one year of serving notice on the opposite party. Appeals against the order and decree passed by the commercial division are to lie before the Supreme Court.

[1] Olympia Oil and Coke Co. v. MacAndrew Moreland Co.Ltd All ER Rep 1093

[2] Ramdutt Ramkissendas v. F.D.Sassoon& Company AIR 1929 PC 103

[3] (1856) 5 HL Cas 811

[4] (1887) 20 QBD 172

[5] Article 33 of the UNCITRAL Arbitration Rules provided for such clause.

[6] Tradax Export S.A. v. Volkswagenwerk A.G.[1969] 2 QB 599

[7] Atlantic Shipping & Trading Co. Ltd. V. Louis Dreyfus & Co. [1922] AC 250

[8] AIR 1989 SC 2198

[9] AIR 1977 SC 1825

[10] AIR 1965 Bom 114

[11] AIR 1986 Cal 45

[12] AIR 1961 SC 232

[13] AIR 1978 Bom 106

[14] AIR1983 Bom 36

[15] AIR 1994 SCN 1136

[16] (1999) 2 SCC 479