An arbitration agreement between the concerned parties is necessary in order to refer a dispute to arbitration. In its absence, the oral consent of counsel representing the parties is not sufficient for a court to refer the dispute to an arbitrator.
Pertinent observations to this effect were made in a judgment passed by the Supreme Court Bench of Justices Ranjan Gogoi and R Banumathi.
The main dispute concerned the dues payable by the Kerala State Electricity Board . . .
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