- within Litigation and Mediation & Arbitration topic(s)
- with readers working within the Law Firm industries
- within Litigation, Mediation & Arbitration, Real Estate and Construction and Technology topic(s)
- with Senior Company Executives and HR
The Supreme Court through its judgement dated 06.11.2025 in M/s Alchemist Hospitals Limited v M/s ICT Health Technology Services India Private Limited1 held that party autonomy is foundational for any reference to arbitration under Section 7 of the A&C Act. It further held that mere reference to the term “arbitration” is not sufficient to treat a clause as an arbitration clause with the corresponding intention of the parties.
The Supreme Court observed that regardless of the structure of the arbitration clause, ad idem intention of the parties is paramount to determine whether there exists a valid arbitration agreement
Footnotes
1 2025 INSC 1289.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
