MALLIKARJUN versus GULBARGA UNIVERSITY

MALLIKARJUN versus GULBARGA UNIVERSITY

Clause 30 of the contract constitutes a valid arbitration agreement as it fulfills all essential elements required by law, and the parties acted on its basis throughout the arbitral and execution proceedings.

Parties
Appellant: Mallikarjun; Respondent: Gulbarga University
Jurisdiction
India
Judgment Date
05 November 2003
Procedural Posture
Civil Appeal / Appeal From Karnataka High Court Judgment in C.r.p. No. 3719 of 2000
Outcome
appeal allowed
Legal Topics
Arbitration Agreement, Award Enforcement
Arbitration Civil Procedure Arbitration Agreement Award Enforcement

Case Brief

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Parties

Mallikarjun

Appellant

Gulbarga University

Respondent

Procedural Posture

Civil Appeal / Appeal From Karnataka High Court Judgment in C.r.p. No. 3719 of 2000

Legal Issues

  1. 1 Whether Clause 30 of the agreement constitutes a valid arbitration agreement
  2. 2 Whether the award by the Superintending Engineer was rendered as per the Arbitration Act, 1940

Ratio Decidendi

Clause 30 of the contract constitutes a valid arbitration agreement as it fulfills all essential elements required by law, and the parties acted on its basis throughout the arbitral and execution proceedings.

Court Disposition

appeal allowed

Orders

  • Order under challenge set aside
  • Executing court directed to proceed with execution of the award