Case Name : Babanrao Rajjaram Pund vs M/s Samarth Builders & De & Anrvelopers Case Reference: (0000) 0 SCC 00 Case Number: SLP (C) No 15989/2021 Court: Supreme Court Bench: 02 Coram: Surya Kant (Author), Abhay S Oka Date: 07.09.2022
Even though the arbitration clause does not explicitly state that the award would be final and binding, when there is a clear intention to refer the dispute to arbitration and abide by the tribunal’s decision, party autonomy has to be protected. (para 24)
Deficiency of words in an agreement which otherwise fortifies that party’s intention to arbitrate their disputes cannot legitimise annulment of arbitration clause (para 25)
Courts must give greater emphasis to the substance of the clause (para 28)
– Refer also:
Judgment name
See also:
Act, Section
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