https://www.taxtmi.com/caselaws?id=159655 A clause operates as an arbitration agreement only if it shows a clear, present intention to submit disputes to a private tribunal and to be bound by its decision. Clause 16 required the parties to decide later whether disputes would be referred to arbitration, so fresh mutual consent was still needed before any reference could be made. That absence of consensus ad idem meant there was no valid arbitration agreement under the Arbitration and Conciliation Act, 1996, and the power to appoint an arbitrator could not be invoked. The reference to the Code of Civil Procedure did not cure the lack of mutual consent. en-us Thu, 26 Apr 2007 00:00:00 +0530 Wed, 08 May 2019 17:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159655 A clause operates as an arbitration agreement only if it shows a clear, present intention to submit disputes to a private tribunal and to be bound by its decision. Clause 16 required the parties to decide later whether disputes would be referred to arbitration, so fresh mutual consent was still needed before any reference could be made. That absence of consensus ad idem meant there was no valid arbitration agreement under the Arbitration and Conciliation Act, 1996, and the power to appoint an arbitrator could not be invoked. The reference to the Code of Civil Procedure did not cure the lack of mutual consent. Case-Laws Indian Laws Thu, 26 Apr 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159655