Bharat Sanchar Nigam Ltd.& Anr vs Motorola India Pvt.Ltd

The Supreme Court addressed the appeal against the Kerala High Court's order allowing arbitration for disputes over liquidated damages under clause 16.2 of the tender document. The Court held that the imposition of liquidated damages was not an 'excepted matter' as per clause 20.1, thus making it arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996. The Court affirmed the High Court's decision, allowing the arbitration to proceed.