adroitpmc logo
Follow us on
LinkedIn Profile
India
+91 9585 465 919
+91 6382 063 295
[email protected]
[email protected]

๐—˜๐˜€๐˜€๐—ฒ๐—ป๐˜๐—ถ๐—ฎ๐—น ๐—ฎ๐˜๐˜๐—ฟ๐—ถ๐—ฏ๐˜‚๐˜๐—ฒ๐˜€ ๐—ผ๐—ณ ๐—ฎ๐—ป ๐—ฎ๐—ฟ๐—ฏ๐—ถ๐˜๐—ฟ๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐—ฎ๐—ด๐—ฟ๐—ฒ๐—ฒ๐—บ๐—ฒ๐—ป๐˜

Designer 1 2 1

K.K. Modi v. K.N. Modi and Ors. MANU/SC/0092/1998 : (1998) 3 SCC 573

The Court laid down the essential attributes of an arbitration agreement in following terms:

Among the attributes which must be present for an agreement to be considered as an arbitration agreement are:

๐Ÿ‘‰ The arbitration agreement must contemplate that the decision of the tribunal will be binding on the parties to the agreement.

๐Ÿ‘‰ That the jurisdiction of the tribunal to decide the rights of parties must derive either from the consent of the parties or from an order of the court or from a statute, the terms of which make it clear that the process is to be an arbitration.

๐Ÿ‘‰ The agreement must contemplate that substantive rights of parties will be determined by the agreed tribunal.

๐Ÿ‘‰ That the tribunal will determine the rights of the parties in an impartial and judicial manner with the tribunal owing an equal obligation of fairness towards both sides.

๐Ÿ‘‰ That the agreement of the parties to refer their disputes to the decision of the tribunal must be intended to be enforceable in law and lastly.

๐Ÿ‘‰ The agreement must contemplate that the tribunal will make a decision upon a dispute which is already formulated at the time when a reference is made to the tribunal.

Encon Builders (supra) placed reliance on K.K. Modi’s case and further condensed the essential features of an arbitration agreement into four elements i.e.:

The essential elements of an arbitration agreement are as follows:

๐Ÿ‘‰ There must be a present or a future difference in connection with some contemplated affair.

๐Ÿ‘‰ There must be the intention of the parties to settle such difference by a private tribunal.

๐Ÿ‘‰ The parties must agree in writing to be bound by the decision of such tribunal.

๐Ÿ‘‰ The parties must be ad idem.

#arbitration #law #arbitration agreement #essential elements #K.K. Modi v. K.N. Modi #encon builders

Disclaimer

This website has been designed only for the purposes of dissemination of basic information on ADROIT; information which is otherwise available on the internet, various public platforms and social media. Careful attention has been given to ensure that the information provided herein is accurate and up-to-date.

This website is not an attempt to advertise or solicit clients and does not seek to create or invite any lawyer-client relationship. The links provided on this website are to facilitate access to basic information on ADROIT, and, to share the various thought leadership initiatives undertaken by it. The content herein or on such links should not be construed as a legal reference or legal advice. Readers are advised not to act on any information contained herein or on the links and should refer to legal counsels and experts in their respective jurisdictions for further information and to determine its impact.

Terms of use andย Privacyย policy