Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Works contract Arbitration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Contract - Works contract - Disputes pertaining thereto Clause in the contract - Analysis of- If it could be construed as an arbitration clause - Distinction between expert determination and arbitration - Held: On facts, in terms of the relevant clauses in the agreements entered into between· the parties, any dispute or difference between the parties was required to be first referred to the Chief Engineer or the Designated Officer of the Department - The Chief Engineer or the Designated Officer was not an independent authority or person, but was in fact having over all supervision and charge of the execution of the work - Decision of the Chief Engineer was non-adjudicatory subject to the right of the aggrieved party to seek remedy - Thus, relevant clauses in the agreements entered into between parties provided for settlement of disputes through Court and could not be relied upon for seeking reference to an arbitrator of any dispute arising under the· contract - Arbitration and Conciliation Act, 1996 - ss. 11 (6) and (8). |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 721 |
Petitioner | M/s. P. Dasaratharama Reddy Complex |
Respondent | Government Of Karnataka And Another |
SCR | [2013] 14 S.C.R. 579 |
Judgement Date | 2013-10-25 |
Case Number | 1586 |
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