#Dispute Resolution

The Supreme Court holds that arbitration clauses using the word 'can' express possibility, not obligation, and therefore fail to satisfy the mandatory language required under Section 7 of the Arbitration and Conciliation Act, 1996. This clarifies that party autonomy demands unequivocal intent - businesses must draft arbitration clauses with 'shall' or 'must' to ensure enforceability, affecting thousands of commercial contracts with ambiguous dispute resolution language.

The Uttarakhand High Court ruled that disputes under a concession agreement containing a mandatory arbitration clause must be resolved through arbitration, barring writ petitions under Article 226. The judgment reinforces the primacy of contractual arbitration clauses in commercial disputes, impacting parties bound by similar agreements.

Madras High Court holds that where dispute is only over entitlement to payment among rival claimants, not contractual breach, court may decide without referring to arbitration under Section 11.

Bombay High Court holds that Section 79(1) of the Maharashtra Co-operative Societies Act permits only administrative compliance orders, not adjudication of member-society disputes.