08 April 2021, Thursday

5 months ago

3. Arbitrator appointed in the absence of material establishing a prior alleged settlement (Supreme Court of India)

08 April 2021 | V Sreenivasa Reddy v B.L. Rathnamma | SA Bobde CJ, AS Bopanna & V Ramasubramanian JJ | 2021 SCC OnLine SC 294

The High Court dismissed an application to appoint an arbitrator, saying that the dispute had been settled and was recorded by the High Court in an earlier round of litigation.

dispute was settled. Neither the so-called settlement itself was recorded nor made part of the order. The High Court did not consider sworn statements or that not adhering to the proposed settlement itself was a dispute. In any event, if the dispute subsisted or was settled, and whether the claim was within limitation are matters to be considered in arbitration proceedings.

Read the judgment here.


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