VidhiSangh

Supreme Court of India · 14/11/2019

M/S. SSPPL AND M/S. AIL WAS versus SALMA DAM JOINT VENTURE & ANR.

[2019] 17 S.C.R. 193 · 2019 INSC 1249

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Summary

A contractor invoked arbitration after accepting substantially revised rates under an amendment expressly excluding arbitration for settlement of claims. The Supreme Court held that the amendment superseded the original arbitration agreement. Its execution and implementation were undisputed and coercion was not pleaded. The appointment petition therefore failed for absence of a subsisting arbitration agreement.

Issues

  1. Whether the amendment superseded the original arbitration agreement.
  2. Whether consideration of claims by the Technical Committee or retention of procedural arbitration clauses preserved the remedy.

Held

Result

Appeals allowed without costs. The High Court’s order appointing an arbitrator was set aside and Arbitration Petition No. 810 of 2016 dismissed. Other remedies between the parties and all other issues and contentions were preserved for appropriate proceedings.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 193.