Prudeta
Prudeta
2026 INSC 384
📌 Paras 3
The appellant contracted with the respondent for transport of goods. A dispute arose concerning the delivery of the fifth consignment, where the respondent allegedly handed over the goods without obtaining payment or the original bill of lading, leading to a financial loss for the appellant. The appellant sought to refer the dispute to arbitration based on a clause in the bill of lading.
📌 Para 2
Whether the use of the word 'can' in an arbitration clause in a contract necessitates the mandatory reference of all disputes to arbitration, or if it permits parties to opt for other dispute resolution mechanisms, including civil courts.
📌 Paras 6-7.2
The Supreme Court held that for arbitratio
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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