Arbitration and Conciliation Act : Important Section Interpreted by Supreme Court
An interesting Judgment has been passed by Hon'ble Supreme Court on 28 May 2014.
In the context of Arbitration and Conciliation Act, 1996 it has been commented at page 25, 26, 31, 32 of Swiss Timing Ltd v Organising Committee, Commonwealth Games Ltd [2014] GCtR 2788 (SC) thus : -
"A conjoint reading of Section 5 and Section 16 would make it clear that all matters including the issue as to whether the main contract was void/voidable can be referred to arbitration. Otherwise, it would be a handy tool available to the unscrupulous parties to avoid arbitration, by raising the bogey of the underlying contract being void."
"The Court ought to decline reference to arbitration only where the Court can reach the conclusion that the contract is void on a meaningful reading of the contract document itself without the requirement of any further proof."
"Having provided for resolution of disputes through arbitration, parties can not be permitted to avoid arbitration, without satisfying the Court that it will be just and in the interest of all the parties not to proceed with the arbitration."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link
https://main.sci.gov.in/judgments
Then entering the date of Judgment, for example, as 28 May 2014.
Written by
Vishal
Delhi
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