Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration agreement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration Act, 1940 (10 of 1940) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration Act, 1940: Sections 2(a) and 8. Arbitration agreement - Existence of - Arbitration clause - Ingredients of - Agreement of contract provided that in respect of questions arising from or relating to any claim or right, matter or thing in any way connected with the contract, the decision of Executive Engineer was final, conclusive and binding on both parties to the contract - In respect of the remaining claims the decision of the Managing Director was final, conclusive and binding - Contractor made application under S.8 for appointment of an Arbitrator - Civil Judge allowed the application - In appeal, High Court while upholding the finding that there was an arbitration clause held that the court had no jurisdiction under S.8 to appoint an Arbitrator because none of the clauses of S.8 were attracted and, therefore, set aside the order of the Civil judge - Held : The agreement of contract does not contemplate a full-fledged arbitration under the Arbitration Act -Therefore, application under S.8 is misconceived - High Court's decision is correct though for different reasons. Section 2(a) - Arbitration agreement - There is a difference between an expert determination and an arbitration. Words and Phrases : "Certifier" and "arbitrator'' - Meaning of. |
Judge | Hon'ble Ms. Justice Sujata V Manohar |
Neutral Citation | 1999 INSC 18 |
Petitioner | Bharat Bhushan Bansal |
Respondent | U.p. Small Industries Corporation Ltd., Kanpur |
SCR | [1999] 1 S.C.R. 181 |
Judgement Date | 1999-01-21 |
Case Number | 1940 |
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