Section 7 of The Arbitration Act

Posted on by Rudrajyoti Nath Ray

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].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.