Published on: September 20, 2022 at 09:56 IST
Court- Supreme Court of India
Citation- Bihar State Mineral Development Corpn. v/s Encon Builders (2003)
Honourable Supreme Court of India has held that there cannot be any doubt whatsoever that an arbitration agreement must contain the broad consensus between the parties that the disputes and differences should be referred to an impartial domestic tribunal.
It is a well-settled principle of law that a person cannot be a judge of his own cause. It is held that the Sine Non Qua for an Arbitration Agreement must be based on equity mechanism based on Ad Idem.
13. The essential elements of an arbitration agreement are as follows:
(1) There must be a present or a future difference in connection with some contemplated affair.
(2) There must be the intention of the parties to settle such difference by a private tribunal.
(3) The parties must agree in writing to be bound by the decision of such tribunal.
(4) The parties must be ad idem.
Drafted By Abhijit Mishra
Key Words- Arbitration Agreement, Tribunal, Supreme Court, Sine Non Qua