Can’t Refer Dispute To Arbitration Unless There Is A Clear, Unequivocal Denial Of A Right

Case: Southern Railway v. M/s Cherian Varkey Construction Co. Pvt Ltd

Coram: Justice P.B. Suresh Kumar and Justice C.S Sudha

Case No.: ARB.A NO. 33 OF 2020

Court Observation: “Since a dispute entails a positive element, a mere inaction to pay does not lead to the inference that a dispute exists and there is no right to apply for reference of a dispute to arbitration until there is a clear and unequivocal denial of the right asserted by one party by the other.”

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Keywords

Refer Dispute To Arbitration, Unequivocal Denial Of A Right