Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 – s.85(2)(a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – s.85(2)(a) – Partnership Agreement dtd. 9.11.2005 between the appellant and respondents – Though, the said agreement was entered into after the 1996 Act had come into force, the relevant clause stated arbitration to be in accordance with the provisions of the 1940 Act – Respondents filed civil suit inter alia for injunction against the appellant – Appellant filed application u/s.8 of the 1996 Act to refer the dispute to arbitration – Trial Court as also High Court rejected the application – Issue as to applicability of the 1996 Act vis-a-vis 1940 Act – On appeal, held: What is material for the purposes of the applicability of 1996 Act is the agreement between the parties to refer the disputes to arbitration – In the instant case, basic requirements for an “arbitration agreement” are satisfied – If there be such an arbitration agreement which satisfies the requirements of s.7 of 1996 Act, and if no arbitral proceeding had commenced before 1996 Act came into force, the matter would be completely governed by the provisions of 1996 Act – Any reference to 1940 Act in the arbitration agreement would be of no consequence and the matter would be referred to arbitration only in terms of 1996 Act – In terms of s.85(2)(a) of the 1996 Act, the governing provisions in respect of arbitral proceedings which had not commenced before the 1996 Act had come into force would be those of 1996 Act alone – An incorrect reference or recital regarding applicability of 1940 Act would not render the entire arbitration agreement invalid – Judgment of High Court is set aside – Arbitration Act, 1940 |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 446 |
Petitioner | Purushottam S/o Tulsiram Badwaik |
Respondent | Anil & Ors. |
SCR | [2018] 4 S.C.R. 347 |
Judgement Date | 2018-05-02 |
Case Number | 4664 |
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