Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 7 and 11(6) – Arbitration agreement 1996 – ss. 2(b) Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – ss. 2(b), 7 and 11(6) – Arbitration agreement – Attributes – Contract Agreement entered between appellant (a subsidiary of CIL) and respondent on 30 January 2012 – Dispute between the parties – Invocation of jurisdiction u/s.11(6) by respondent before the High Court for appointment of arbitrator – Challenged, on ground that there was no arbitration agreement between the parties within meaning of ss.2(b) and 7 – Held: It was wrong on the part of the High Court to construe Clause 15 of the Contract Agreement dated 30 January 2012 as an arbitration agreement – Clause 15 of the Contract Agreement was titled “Settlement of Disputes/Arbitration”, however, substantive part of the provision makes it abundantly clear that there was no arbitration agreement between the parties agreeing to refer either present or future disputes to arbitration – Clause 15 of the Contract Agreement was a dispute resolution mechanism at the company level, rather than an arbitration agreement and did not comport with the essential attributes of an arbitration agreement in terms of s.7 as well as the principles laid down under Jagdish Chander case – Policy document / communication dated 7 April 2017 issued by CIL also cannot be construed as an arbitration agreement between appellants and respondent in terms of s.7 of the Act so as to compel the appellants to appoint an arbitrator, since it merely indicates a desire on behalf of CIL to have disputes related to work contracts settled by arbitration and requires both the parties to arrive at a further agreement to proceed to arbitration when the dispute arises – Invocation of jurisdiction of the High Court u/ s.11(6) of the Act was accordingly not valid and there being no arbitration agreement between the appellants and the respondent, no reference to arbitration could have been made – Respondent, however, at liberty to seek recourse to remedy available in law to pursue redressal of its grievances. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 748 |
Petitioner | Mahanadi Coalfields Ltd & Anr |
Respondent | M/s Ivrcl Amr Joint Venture |
SCR | [2022] 7 S.C.R. 522 |
Judgement Date | 2022-07-25 |
Case Number | 4914 |
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