An Arbitrator Cannot Turn A Clause Of A Contract Infructuous

INTRODUCTION

According to the rule of harmonious construction of contracts, interpretation should be made by reading or taking the document, and exclusion of any clause should not be readily inferred unless it is clearly stated in a particular clause of the document or contract.¹ A consistent interpretation should also be given with a view to the smooth working of the system, which the document purports to regulate.²

The Courts and Arbitral Tribunals as far as possible should avoid a construction that would render the words or terms in a contract or document meaningless and futile, or reduce to silence any part of the document and make it altogether inapplicable.³

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