Supreme Court of India · 2007-09-12
Dhv Bv vs Tahal Consulting Engineers Ltd. & Ors
- Citation / case number
- AIR 2007 SUPREME COURT 3113
- Court
- Supreme Court of India
- Petitioner
- Dhv Bv
- Respondent
- Tahal Consulting Engineers Ltd. & Ors
- Author
- D.K. Jain
- Bench
- D.K. Jain
Judgment text excerpt
The Supreme Court, while adjudicating a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, held that the existence of an arbitration agreement is a prerequisite for appointing an arbitrator. The Court found that the main contract had expired, leading to the conclusion that no valid arbitration agreement existed between the parties. Consequently, the petition for the appointment of an arbitrator was dismissed, affirming that disputes arising from expired contracts cannot be arbitrated.