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may 2023

Supreme Court of India · 2023-05-09

M/S Shree Vishnu Constructions vs The Engineer In Chief Military ...

Court
Supreme Court of India
Petitioner
M/S Shree Vishnu Constructions
Respondent
The Engineer In Chief Military ...
Author
M.R. Shah
Bench
C.T. Ravikumar, M.R. Shah

Judgment text excerpt

The Supreme Court examined whether the High Court was justified in refusing to appoint an arbitrator under Section 11 of the Arbitration Act, 1996, based on the appellant's acceptance of the final bill and signing of a no claim certificate. The Court emphasized that such conduct does not preclude the initiation of arbitration proceedings if disputes remain. The Court set aside the High Court's order and directed the appointment of an arbitrator, reaffirming the primacy of arbitration agreements and the need to resolve disputes through arbitration rather than dismissing claims based solely on conduct indicating settlement.

M/S Shree Vishnu Constructions vs The Engineer In Chief Military ... · Niyam