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july 2009

Supreme Court of India · 2009-07-07

M.K. ABRAHAM & CO. vs STATE OF KERALA

Citation / case number
SC 2006/10303
Court
Supreme Court of India
Petitioner
M.K. ABRAHAM & CO.
Respondent
STATE OF KERALA
Author
R.V. RAVEENDRAN

Judgment text excerpt

The Supreme Court addressed the issue of arbitration agreements under the Arbitration and Conciliation Act, 1996, specifically Section 11, in the context of disputes arising from contracts for the National Highway project. The Court held that the appellants had valid arbitration agreements in their contracts, and the failure of the respondents to appoint an arbitrator constituted a breach of the arbitration clause. Consequently, the Court directed the appointment of an arbitrator to resolve the disputes, thereby upholding the principle that arbitration is a preferred mode of dispute resolution in contractual matters.

M.K. ABRAHAM & CO. vs STATE OF KERALA · Niyam