Section 7 of The Arbitration Act

Three recitals strongly point towards an unambiguous intention of parties to refer their dispute(s) to Arbitration. Even though Clause 18 lacks certain essential characteristics, in a Development Agreement which otherwise fortifies intention of parties to Arbitrate, deficiency of words cannot legitimize annulment of an Arbitration Clause. Three-­Judge Bench in Enercon (India) Ltd., (2014) 5 SCC 1 held, Court can legitimately supply missing lines when omission is obvious.

When Section 7 or any other provisions do not stipulate any particular form or requirements, it would not be appropriate for Court to gratuitously add impediments and desist from upholding validity of an Arbitration Agreement.

Hon’ble Justice Surya Kant, Babanrao Rajaram Pund v. M/s. Samarth Builders & Developers, [Civil Appeal No. 6272 of 2022].