Nagreeka Indcon Products Pvt. Ltd vs Cargocare Logistics (India) Pvt. Ltd

The Supreme Court examined whether the use of the word 'can' in an arbitration clause obligates parties to refer all disputes to arbitration or allows recourse to other dispute resolution mechanisms, including civil courts. The court analyzed the contractual language and the context of dispute resolution clauses, emphasizing that the word 'can' indicates discretion rather than an obligation. The judgment clarified that parties are not necessarily bound to refer all disputes to arbitration when the clause is permissive. The court's decision underscores the importance of precise contractual language in dispute resolution clauses.