LAW FOR ALL

Arbitration and conciliation Act - Despite of criminal proceedings and Despite of allegations of fraud and void etc., the arbitration proceedings can be initiated to resolve the disputes as per agreement - Disputes arose between Switzer land company and common wealth games2010 organisation about payment of tail end payments - so many correspondences were made by the petitioner/ company - Respondent failed to pay the amount as CBI cases were registered against Kalmadi and others - due corruption etc., and agreement treated as void - Apex court held that efforts were made to amicably put a “closure to the agreement”. I, therefore, do not find any merit in the submission of the respondent that the petition is not maintainable for non-compliance with Clause 38.3 of the Dispute Resolution Clause. and further held that As a pure question of law, I am unable to accept the very broad proposition that whenever a contract is said to be void-ab-initio, the Courts exercising jurisdiction under Section 8 and Section 11 of the Arbitration Act, 1996 are rendered powerless to refer the disputes to arbitration.= Swiss Timing Limited …Petitioner Versus Organising Committee, Commonwealth Games 2010, Delhi. ….Respondent = 2014(May.Part) http://judis.nic.in/supremecourt/filename=41548