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SC: Presence of Arbitration Clause Does Not Oust Writ Jurisdiction Under Article 226 - (18 Feb 2021)

ARBITRATION

Supreme Court has observed that presence of an arbitration clause within a contract between a state instrumentality and a private party is not an absolute bar to availing remedies under Article 226 of the Constitution of India, 1949. The Court has observed that the State and its instrumentalities are not exempt from the duty to act fairly merely because in their business dealings they have entered into the realm of contract.

Tags : SUPREME COURT   WRIT JURISDICTION UNDER ARTICLE 226  

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