Supreme Court of India
Bgm and M-rpl-jmct (jv) v. Eastern Coalfields Limited
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What the Court ordered
In view of the above discussion, the argument of the appellant that Referral Court should straight away refer the matter and leave it to the arbitral tribunal to decide whether the arbitration agreement exists or not cannot be accepted.
Judgment, page 12
From the headnote
Issue for Consideration (i) Whether the question of existence of an arbitration agreement should be left for the arbitral tribunal to decide; (ii) whether clause 13 of the General Terms and Conditions of the contract and relied upon by the appellant would constitute an arbitration agreement between the parties as contemplated u/s.7 of the Arbitration and Conciliation Act, 1996; (iii) whether clause 32 of Instructions to Bidders negates the existence of an arbitration agreement. Headnotes† Arbitration and Conciliation Act, 1996 – Sub-section (6- ) of s.11 – Existence of arbitration agreement –
Authorities it was built on
- 2017 M/s. Duro Felguera, S. A. v. M/s. Gangavaram Port Limited
- 2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v..
- 2003 Bihar State Mineral Development Corpn. and Anr. v. Encon Builders (i) Pvt. Ltd.
- 2007 Jagdish Chander v. Ramesh Chander and Ors.
- 2022 Mahanadi Coalfields Ltd & Anr v. M/s Ivrcl Amr Joint Venture
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