Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Cross country pipeline classification and ITC entitlement: pipelines outside factory treated as immovable, ITC disallowed under Section 17 restriction...
A bill of lading clause stating that disputes can be settled by arbitration was held not to create a binding arbitration agreement. At the stage of appointing an arbitrator, the Court confined itself to the prima facie existence of an arbitration agreement and read the clause in its contractual context. The word "can" was treated as permissive, indicating only a possible mode of settlement rather than a mandatory obligation to arbitrate. Applying the principles in K.K. Modi and Jagdish Chander, the Court found that the clause required further consent when a dispute arose and therefore lacked the definitiveness needed to compel arbitration. The refusal to appoint an arbitrator was upheld.
A bill of lading clause stating that disputes can be settled by arbitration was held not to create a binding arbitration agreement. At the stage of appointing an arbitrator, the Court confined itself to the prima facie existence of an arbitration agreement and read the clause in its contractual context. The word "can" was treated as permissive, indicating only a possible mode of settlement rather than a mandatory obligation to arbitrate. Applying the principles in K.K. Modi and Jagdish Chander, the Court found that the clause required further consent when a dispute arose and therefore lacked the definitiveness needed to compel arbitration. The refusal to appoint an arbitrator was upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
