Supreme Court of India · 2013-08-22
M/S YOUNG ACHIEVERS vs IMS LEARNING RESOURCES PVT.LTD.
- Citation / case number
- SC 2012/33931
- Court
- Supreme Court of India
- Petitioner
- M/S YOUNG ACHIEVERS
- Respondent
- IMS LEARNING RESOURCES PVT.LTD.
- Author
- K.S. Radhakrishnan
- Bench
- A.K. SIKRI K.S. RADHAKRISHNAN
Judgment text excerpt
The Supreme Court held that an arbitration clause is a collateral term in a contract, which survives even if the performance of the contract ends due to repudiation, frustration, or breach. The Court found that the High Court erred in ruling that the arbitration clause was superseded by a new contract, emphasizing that disputes arising from earlier agreements should still be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The appeal was allowed, and the matter was referred to arbitration as per the appellant's request.