CourtSupreme Court of India
Decision2010
CollectionCivil & Commercial Litigation
FormatCRUX Case Note

The Crux

A court may facilitate ADR under Section 89, but reference to arbitration cannot be imposed without the legal basis and consent required for arbitration.

What the Court held

The Supreme Court clarified the operation of Section 89 CPC, the distinction among ADR processes and the categories of cases generally suited or unsuited to particular forms of settlement.

Why it matters

The judgment is useful at the stage when parties and courts must decide whether a commercial dispute should proceed through adjudication, mediation, conciliation or arbitration.

CRUX practice note

This note isolates the proposition most likely to matter in practice. The precise ratio, factual limits and subsequent treatment of the authority should always be checked against the judgment itself before professional reliance.

Official source

The link below is to the Supreme Court of India’s official website or judgment repository.

Official Supreme Court source Afcons Infrastructure Ltd. & Anr. v. Cherian Varkey Construction Co. (P) Ltd. — official court source The judgment text remains controlling. This CRUX note is an editorial summary for general information.

This Insight is for general informational purposes only and does not constitute legal advice.

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