Clause Every Effort To Arbitrate; Must Be Referred To Arbitration: Calcutta High Court

Clause Every Effort To Arbitrate; Must Be Referred To Arbitration

Case: Manika Sett versus Sett Iron Foundry and Ors.

Coram: Justice Shekhar B. Saraf

Case No.: A.P No. 80 of 2020

Court Observation: “such a partner shall be free to seek interference of the Court for remedy although every effort should be made by the partners to settle the dispute by arbitration.”

“I am of the view that the term “every effort” in the said clause of the partnership deed can be equated with the term “best effort”, in fact, the term “every effort” is much wider in nature in comparison to the phrase “best effort”, and therefore, expands the scope and ambit of the arbitration clause. Connected and incidental matters, unless the arbitration clause suggests to the contrary, would normally be covered.”

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