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    <title>2008 (12) TMI 793 - Supreme Court</title>
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    <description>A contractual clause was treated as a valid arbitration agreement where the wording, read as a whole and with surrounding correspondence, showed a clear intention to submit future disputes to the statutory arbitral process, even though the words &quot;arbitration&quot; or &quot;arbitrator&quot; were absent. The court also found that a request for appointment of an arbitrator was not premature because settlement efforts had failed, the parties had taken firm positions, and no mutual satisfaction or discharge of claims had occurred. A live dispute therefore subsisted, making the Section 11 application maintainable and supporting appointment of an arbitrator.</description>
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      <title>2008 (12) TMI 793 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=199192</link>
      <description>A contractual clause was treated as a valid arbitration agreement where the wording, read as a whole and with surrounding correspondence, showed a clear intention to submit future disputes to the statutory arbitral process, even though the words &quot;arbitration&quot; or &quot;arbitrator&quot; were absent. The court also found that a request for appointment of an arbitrator was not premature because settlement efforts had failed, the parties had taken firm positions, and no mutual satisfaction or discharge of claims had occurred. A live dispute therefore subsisted, making the Section 11 application maintainable and supporting appointment of an arbitrator.</description>
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      <pubDate>Tue, 02 Dec 2008 00:00:00 +0530</pubDate>
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