Supreme Court · 2018 INSC 633 · Decided 23 July 2018
Shyam Sunder Agarwal v. P. Narotham Rao and ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 633 · [2018] 7 S.C.R. 1135
- Case number
- CIVIL APPEAL No. 6872/2018
- Decided
- 23 July 2018
- Bench
- R.F. NARIMAN, INDU MALHOTRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Arbitration Act Section 11
Headnote
Arbitration and Conciliation Act, 1996 - Memorandum of Understanding (MoU)/Agreement executed between the parties for sale and purchase of shares of a Company - Issue as to whether Clause 12 of the said Agreement can be stated to be an arbitration clause - Held: On reading of styled as Mediators/Arbitrators, are escrow agents who were appointed to keep certain vital documents in escrow, and to ensure a successful completion of the transaction contained in the MOU - The very fact that they were referred to as "Mediators/ Arbitrators" and as
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