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september 2007

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.

Dhv Bv vs Tahal Consulting Engineers Ltd. & Ors · Niyam