Maintainibility of Writ Petition: Arbitration Clause

India– Where the Agreement between the parties provided for arbitration in respect of all disputes and differences, it was argued that the Court was not competent to decide the issue. The Court held that an alternative remedy is not an absolute bar to the invocation of writ jurisdiction. Injustice, whenever and wherever it takes place, has to be struck down as an anathema to the rule of law and the provisions of the Constitution.
Please see the following judgment on this topic: UoI v. Tantia Construction Pvt. Ltd. (Supreme Court of India, 2011)


Author: Vikrant Narayan Vasudeva
Photo by Atomische* Tom Giebel/ CC BY-NC-ND 2.0

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