Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
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Arbitration Law
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Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-ARB-Jul-3

M/s. Afcons Infrastructure Ltd. and another Vs.M/s. Cherian Varkey Constn. Co. Pvt. Ltd. and others

Head Note

The Code of Civil Procedure, 1908  - Section 89 , Order X Rule (1-A)

Whether section empowers court to refer parties to arbitration without the consent of both -Agreement not contain any provision for arbitration - Dispute - An application under section 89 of the Code - Praying - Formulate terms of settlement - Refer to arbitration - Allowed by trial court - High Court confirmed - Appeal - Court has no power, authority or jurisdiction to refer unwilling parties to arbitration u/sec. 89 - If there is no arbitration agreement - Consent of all - Necessary for arbitration under section 89 - Impugned order of trial court affirmed by High Court set aside - Trial court directed to decide upon a non-adjudicatory ADR process - Appeal allowed.

Advocates For the Respondent(s) :

T.L.V. Iyer, Senior Advocate, V.J. Francis, Anupam Mishra, C.N. Sree Kumar, P.R. Nayak, Dushyant Parashar, Advocates with him

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Topic(s)-

Important Decision(s)- A court has no power refer to arbitration u/sec. 89.







Full Judgement Body


     
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