Use Of Words "Every Effort To Arbitrate" Constitutes A Valid Arbitration Clause: Manika Sett v Sett Iron Foundry & Ors*

The Calcutta High Court has held that a contractual clause stipulating that parties should make "every effort" to arbitrate constitutes a valid arbitration clause.

Brief Facts

The Petitioner, one of the partners in a partnership firm, expressed her intention to retire. In order to settle the disputes arising out of her retirement, the Petitioner issued an arbitration notice to the other partners under Clause 18 of the Partnership Deed, which stipulated that: