SUPREME COURT JUDGMENT IN AN ARBITRATION CASE IN A SITUATION WHERE THERE ARE DISPUTES AND DIFFERENCES IN CONNECTION WITH THE MAIN AGREEMENT AND ALSO DISPUTES IN REGARD TO “OTHER MATTERS” “CONNECTED” WITH THE SUBJECT MATTER OF THE MAIN AGREEMENT

 

 

 

 

NAME

MOBILE NO.

E-MAIL I’D

RANJEET KUMAR

83830984789667769795

rk@courtkutchehry.com

JAI THAKUR

81307033349355723300

jai.thakur@courtkutchehry.com

RAJEEV RANJAN

9334553249

rajiv.ranjan@courtkutchehry.com

ASHOK MISHRA

9718327746

sales@courtkutchehry.com

RAVI KUMAR


ravi.singh@courtkutchehry.com


A Full Bench of the Supreme Court held that if there is a situation where there are disputes and differences in connection with the main agreement and also disputes in regard to “other matters” “connected” with the subject matter of the main agreement then in such a situation, in our view, we are governed by the general arbitration clause 39 of the main agreement under which disputes under the main agreement and disputes connected therewith can be referred to the same arbitral tribunal. This clause 39 no doubt does not refer to any named arbitrators. So far as clause 5 of the Interior Design Agreement is concerned, it refers to disputes and differences arising from that agreement which can be referred to named arbitrators and the said clause 5, in our opinion, comes into play only in a situation where there are no disputes and differences in relation to the main agreement and the disputes and differences are solely confined to the Interior Design Agreement.


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