Different Arbitration Clauses

Having taken note of the Arbitration Clause existing in two different set of documents between the same parties relating to the same transaction, in order to harmonize or reconcile and arrive at a conclusion as to which of the Arbitration Clauses would be relevant in the instant fact, it would be necessary for us to refer to the manner in which the Arbitration Clause was invoked and the nature of the dispute that was sought to be resolved through Arbitration.”

Three-Judge Bench, Balasore Alloys Limited v. Media LLC, (2020) 9 SCC 136.


My Lord, Department Officer, appointed as Arbitrator considering Arbitration Clause, can continue Arbitration Proceedings on Retirement?


Arbitration Clause does not provide Arbitration Proceedings will come to an end. Identical question came to be considered in Himalayan Construction Co. v. Executive Engineer, Irrigation Division, J&K, (2001) 9 SCC 359.

Hon’ble Justice M.R. Shah, M/s. Laxmi Continental Construction Co. v. State of U.P., [Civil Appeal No. 6797 of 2008] decided on 20.09.2021.