Allowing an appeal in Ashapura Mine-Chem Ltd v Gujarat Mineral Development Corporation, the Supreme Court held that when a memorandum of understanding (MoU) contains an arbitration clause, parties to the MoU can refer to arbitration disputes surrounding the non-fulfilment of any conditions in the MoU or failure to comply with any of its requirements.
Appointing a sole arbitrator to decide disputes arising between the parties under the MoU, the court held that an arbitration clause contained in a MoU is a stand-alone agreement and that it comes into effect irrespective of whether the MoU leads to a full-fledged agreement.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
