Supreme Court · 2019 INSC 537 · Decided 16 April 2019

Bharat Broadband Network Limited v. United Telecoms Limited

Court
Supreme Court of India
Citation
2019 INSC 537 · [2019] 6 S.C.R. 97
Case number
CIVIL APPEAL No. 3972/2019
Decided
16 April 2019
Bench
R.F. NARIMAN, VINEET SARAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Arbitration and Conciliation, 1996: s.12(5) and its proviso - Applicability of the proviso - Held: The proviso to s.12(5) applies only if subsequent to arising of disputes between the parties, the parties waive the applicability of sub-section (5) of s.12 by an express agreement in in writing" refers to an agreement made in words as opposed to an agreement which is to be inferred by conduct - The instant case disclosed no such express agreement - The fact that a statement of claim was filed before the arbitrator, would not mean that there was an express

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