"If there is Even the slightest Doubt, the Rule is to Refer the Disputes to Arbitration" : Supreme Court
There have been many Judgments of Hon'ble Supreme Court.
It has been commented at page nos. 23 and 24 of BSNL v Nortel Networks India Pvt Ltd [2021] GCtR 3369 (SC) thus : -
"It is only in the very limited category of cases, where there is not even a vestige of doubt that the claim is ex facie time-barred, or that the dispute is non-arbitrable, that the court may decline to make the reference. However, if there is even the slightest doubt, the rule is to refer the disputes to arbitration, otherwise it would encroach upon what is essentially a matter to be determined by the tribunal."
Full Text Judgments of Supreme Court can be downloaded free of cost from the website - https://main.sci.gov.in/judgments - Then entering, for example, date as "10 March 2021".
Written by
Vishal
Delhi
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