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august 2013

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 The Court found that the High Court erred in ruling that the arbitration clause was superseded by a new contract, emphasizing that disputes arising from earlier agreements should still be referred to arbitration under Section 8 of the Arbitration and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.

M/S YOUNG ACHIEVERS vs IMS LEARNING RESOURCES PVT.LTD. · Niyam