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Monday, May 19, 2008

disputes relating to specific performance of a contract can be referred to arbitration

Ms.Ruma Pal,J. observed: .....merely because the sections of the SpecificRelief Act confer discretion on courts to grant specificperformance of a contract does nto means that parties cannotagree that the discretion will be exercised by a forum oftheir choice. If the converse were true, then whenever arelief is dependent upon the exercise of discretion of acourt by statute e.g. the grant of interest or costs,parties chould be precluded from referring the dispute toarbitration.
We agree with this reasoning. We hold on Point 3 that disputes relating to specific performance of a contract can be referred to arbitration and Section 34(2)(b)(i) is not attracted

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