"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Saturday, October 4, 2008

Supreme Court on Arbitration Agreements

M/s. Unissi (India) Pvt. Ltd. v. Post Graduate Institute of MedicalEducation & Research CIVIL APPEAL NO. 6039 OF 2008 (Arising out of SLP(C) No. 9204 of 2006) decided on October 01, 2008 (available at www.judis.nic.in)

The Court had to decide on whether there was an arbitration agreement, in spite of the fact that no formal arbitration agreement was executed by the parties. The Court, relying on its past decisions, interpreted Section 7 of the Arbitration and Conciliation Act widely and held that there was an arbitration agreement in existance on the basis of acceptance of the tender documents.
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