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    Assignment Arbitration.

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    Akshita Shrivastava
    This document provides instructions for a two-question assignment worth 30 marks. Each question should be answered in no more than 400 words. Submissions will not be accepted via email and plagiarized work or work found to be highly similar through a plagiarism check software will not be considered. The assignment allows open books and tests understanding of the topic. Question 1 asks students to write a short note on the case "Afcons infrastructure and Ors. v. Cherian Verkay Construction and Ors.", discussing the ambiguity around section 89(1) of the CPC. Question 2 asks students to write a short note on an "Arbitration Agreement" mentioned under section 7 of the Arbitration and

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    Assignment Arbitration.

    Uploaded by

    Akshita Shrivastava
    74 views3 pages
    This document provides instructions for a two-question assignment worth 30 marks. Each question should be answered in no more than 400 words. Submissions will not be accepted via email and plagiarized work or work found to be highly similar through a plagiarism check software will not be considered. The assignment allows open books and tests understanding of the topic. Question 1 asks students to write a short note on the case "Afcons infrastructure and Ors. v. Cherian Verkay Construction and Ors.", discussing the ambiguity around section 89(1) of the CPC. Question 2 asks students to write a short note on an "Arbitration Agreement" mentioned under section 7 of the Arbitration and

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    This document provides instructions for a two-question assignment worth 30 marks. Each question should be answered in no more than 400 words. Submissions will not be accepted via email and plagiarized work or work found to be highly similar through a plagiarism check software will not be considered. The assignment allows open books and tests understanding of the topic. Question 1 asks students to write a short note on the case "Afcons infrastructure and Ors. v. Cherian Verkay Construction and Ors.", discussing the ambiguity around section 89(1) of the CPC. Question 2 asks students to write a short note on an "Arbitration Agreement" mentioned under section 7 of the Arbitration and

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    74 views3 pages

    Assignment Arbitration.

    Uploaded by

    Akshita Shrivastava
    This document provides instructions for a two-question assignment worth 30 marks. Each question should be answered in no more than 400 words. Submissions will not be accepted via email and plagiarized work or work found to be highly similar through a plagiarism check software will not be considered. The assignment allows open books and tests understanding of the topic. Question 1 asks students to write a short note on the case "Afcons infrastructure and Ors. v. Cherian Verkay Construction and Ors.", discussing the ambiguity around section 89(1) of the CPC. Question 2 asks students to write a short note on an "Arbitration Agreement" mentioned under section 7 of the Arbitration and

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    © All Rights Reserved
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    Assignment

    30 Marks

    Instructions:
    (The assignment consists of Two questions of equal marks and try to answer in not more
    than 400 words for each question. The submissions would not be accepted through mails and
    documents which show plagiarism and high similarity in safe assign report (blackboard's
    Plagiarism check software), would not be considered for assessment. It’s an open book activity
    and it’s the test of your understanding on the mentioned topic.)   

    Q.1 Write a short note on “Afcons infrastructure and Ors. v. Cherian Verkay Construction and
    Ors.”
    ANS.- This case has finally ended the dynamism of the ADR which is pro bono for the Indian
    Judicial System. It lies with the issue of the ambiguity of the operation of Section 89(1) of the
    CPC because in that the word, “may” and “shall” are used at the same time. Also, under O. 10,
    R. 1 A, the word shall is used, where the court after recording admission and denial is obligated
    to direct the parties to a suitable mode under sec 89(1).

    Facts of the Case: The Cochin Port Trust put in charge the Afcon Constructions for the work of
    construction of bridges and roads under an agreement. The Afcon Construction further sub-
    contracted a part of the work to Cherian Veraky Constructions. Meanwhile, Cherain
    Constructions filed an application under Section 89 of CPC to reform the terms of settlement
    through Arbiration before the trial of the suit regarding the recovery of the sum of Rs. 2.25
    Crore.

    Anomaly in this case :

    1. Mixing up of the definition of ‘mediation’ & ‘judicial settlement’ under section 89 of


    CPC.
    2. Section 89(1) discusses the final stage of the Conciliation referred to in section 79(1) of
    A&C Act into pre- ADR stage under section 89(1) of CPC.

    Issue Discussed:
    1. Procedure to be followed by the court to implement section 89(1) and O. 10, R. 1 A of
    CPC.

    Judgment:

    The Hon’ble SC with a harmonious interpretation of section 89(1) & O. 10, R. 1 A, held that it is
    “mandatory” for the court to “consider” for alternative modes of settlement in every case and if
    there exists such elements of settlement, it is not ‘obligated’ to refer the parties to alternative
    modes of settlement. The Court further enumerated the cases which are arbitrable and which are
    not in a long exhaustive list.

    Q.2 Write a short note on ‘Arbitration Agreement’ as mentioned under Section 7 of Arbitration
    and Conciliation Act, 1996 and Decide whether the following clause is an arbitration clause or
    not?
    “The parties agree that any dispute or differences arising in connection with the subject matter
    may be referred to arbitration”
    ANS.- Section 7 of the A&C Act, 1996 refers Arbitration Agreement as an agreement in which
    the parties can refer to arbitration on all or for some disputes which have arisen or may arise
    between the parties with respect to a defined legal relationship, whether contractual or not.

    It also lays down that the agreement can be in the form of aseparate agreement or in the form of
    an Arbitration clause in the contract.

    Essentials of Arbitration Agreement:

    1. Written Agreement
    2. Intention
    3. Signature

    Opinion:- “The parties agree that any dispute or differences arising in connection with the
    subject matter may be referred to arbitration”
    Section 7 is an Arbitration Clause as an essential condition under arbitration is the existence of
    the dispute. Where the parties have effectively settled their dispute, hence they cannot refute the
    settlement and invoke the Arbitration Clause.

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