Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996: ss.11 16(1)(a) -Arbitration clause - Invocation of- s.16(1)(a) Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996: ss.11, 16(1)(a) — Arbitration clause — Invocation of ~ s.16(1)(a) presumes the existence of a valid arbitration clause and mandates the same to be treated as an agreement independent of the other terms of the contract — By virtue of s.16(1)(b), the arbitration clause continues to be enforceable, notwithstanding a declaration that the contract was null and void — The main contract and the arbitration agreement form two independent contracts - In the instant case, irrespective of the question or as to the fact whether the MoU fructified into a full-fledged agreement, having regard to the non-fulfilment of any of the conditions or failure of compliance of any requirement by either of the parties Stipulated in the other Clauses of MoU, specific agreement had been entered into by the appellant and the respondent to refer such controversies as between the parties to the sole arbitrator by consensus — Therefore, when consensus was not reached as between the parties for making the reference, it was open for either of the parties to invoke 8.11 of the Act and seek for reference of the dispute for arbitration. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2015 INSC 330 |
Petitioner | Ashapura Mine-chem Ltd |
Respondent | Gujarat Mineral Development Corporation |
SCR | [2015] 4 S.C.R. 880 |
Judgement Date | 2015-04-16 |
Case Number | 3702 |
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