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july 2011

Supreme Court of India · 2011-07-04

State Of Orissa & Ors vs Bhagyadhar Dash

Citation / case number
AIR 2011 SUPREME COURT 3409
Court
Supreme Court of India
Petitioner
State Of Orissa & Ors
Respondent
Bhagyadhar Dash
Author
R.V.Raveendran
Bench
A K Patnaik, R V Raveendran

Judgment text excerpt

The Supreme Court examined the validity of an arbitration agreement under Section 11 of the Arbitration and Conciliation Act, 1996, in the context of a dispute between the State of Orissa and contractors. The Court reiterated the essential elements of an arbitration agreement as established in K.K. Modi v. K.N. Modi, emphasizing that the intention of the parties to refer disputes to a private tribunal must be clear and binding. The Court ultimately held that the clause in question constituted a valid arbitration agreement, thereby upholding the High Court's decision to appoint arbitrators.

State Of Orissa & Ors vs Bhagyadhar Dash · Niyam