LAW FOR ALL

Arbitration and conciliation Act - contract disputes - absence of arbitration clause - High court held that there is an arbitration clause as per clause 48 and read with clause 4.1 of agreement and as such appointed an arbitrator - Apex court held that In fact, clause 48, even if it is stretched, cannot be regarded as an arbitration clause. The elements and attributes to constitute an arbitration clause, as has been stated in Jagdish Chander (supra), are absent.Therefore, the irresistible conclusion is that the High Court has fallen into grave error by considering the said clause as providing for arbitration. Consequently, the appeals are allowed and the judgments and orders passed by the High Court are set aside. = Karnataka Power Transmission Corporation Limited and another ... Appellants Versus M/s. Deepak Cables (India) Ltd. ...Respondent=2014 ( April. Part ) http://judis.nic.in/supremecourt/filename=41394