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july 2009

Supreme Court of India · 2009-07-07

H. Lathakumari vs Vamanapuram Block Panchayat & Ors

Court
Supreme Court of India
Petitioner
H. Lathakumari
Respondent
Vamanapuram Block Panchayat & Ors
Author
R.V. Raveendran
Bench
J M Panchal, R V Raveendran

Judgment text excerpt

The Supreme Court addressed the validity of an arbitration clause in a contract governed by the Arbitration & Conciliation Act, 1996, specifically Section 11. The Court held that the existence of an arbitration agreement was not negated by a government order scrapping arbitration, as the parties had acknowledged the arbitration clause in their contract. The Court ruled that the appellant was entitled to seek appointment of an arbitrator despite the government's stance, thereby upholding the enforceability of the arbitration agreement.

H. Lathakumari vs Vamanapuram Block Panchayat & Ors · Niyam