Supreme Court · 2018 INSC 394 · Decided 24 April 2018

Cheran Properties Limited v. Kasturi and Sons Limited and ORS.

Court
Supreme Court of India
Citation
2018 INSC 394 · [2018] 4 S.C.R. 1063
Case number
CIVIL APPEAL No. 10025/2017
Decided
24 April 2018
Bench
DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Arbitration Act Section 35, 36, 7; Companies Act Section 111

Headnote

Arbitration and Conciliation Act, 1996: ss. 35, 36, 7 - Finality of awards - Enforcement - Arbitration agreement - Binding on third parties who may not be signatories to an agreement between two contracting parties - Held: Section 35 postulates that be final and binding on the parties and persons claiming under them respectively - Expression "persons claiming under them" is a legislative recognition of the doctrine that besides the parties, an arbitral award binds every person whose capacity or position is derived from

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