Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
SC held that contractual clauses excluding disputes from arbitration must be construed narrowly and consistently with the rule of law. Where liability itself is disputed, one party cannot finally decide its own alleged breach or negligence and then bar both court and arbitral review. Clause 3.20 was read as permitting finality only on quantification where liability is admitted; it did not exclude arbitration of a contested liability dispute. The arbitral tribunal therefore had jurisdiction, the award did not relate to an excepted matter, and the High Court erred in treating the dispute as non-arbitrable. The appeals were allowed and the award restored.
SC held that contractual clauses excluding disputes from arbitration must be construed narrowly and consistently with the rule of law. Where liability itself is disputed, one party cannot finally decide its own alleged breach or negligence and then bar both court and arbitral review. Clause 3.20 was read as permitting finality only on quantification where liability is admitted; it did not exclude arbitration of a contested liability dispute. The arbitral tribunal therefore had jurisdiction, the award did not relate to an excepted matter, and the High Court erred in treating the dispute as non-arbitrable. The appeals were allowed and the award restored.
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