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february 1997

Supreme Court of India · 1997-02-18

TAMILNADU ELECTRICITY BOARD vs M/S.BRIDGE TUNNEL CONSTRUCTION CO.

Citation / case number
SC 1991/78566
Court
Supreme Court of India
Petitioner
TAMILNADU ELECTRICITY BOARD
Respondent
M/S.BRIDGE TUNNEL CONSTRUCTION CO.
Author
S. SAGHIR AHMAD K. RAMASWAMY
Bench
S. SAGHIR AHMAD K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the issue of arbitrability of disputes under the Arbitration Act, 1940, specifically under Section 33. The Court held that the scope of the arbitration clause must be determined by the arbitrators, and if a dispute is found to be outside this scope, the parties retain the right to seek remedies through the courts. The Court upheld the Madras High Court's decision to allow the appointment of an arbitrator despite the appellant's objections regarding the claims' arbitrability, thereby affirming the validity of the arbitration process initiated by the respondent.

TAMILNADU ELECTRICITY BOARD vs M/S.BRIDGE TUNNEL CONSTRUCTION CO. · Niyam