Difference Between Mou And Agreement

The Supreme Court of India (“Supreme Court”) in the recent case of Ashapura Mine-Chem Ltd v. Gujarat Mineral Development Corporation considered the issue of the severability and survival of an arbitration clause contained in a Memorandum of Understanding (“MoU”). The Supreme Court ruled that the arbitration agreement was valid to the extent that it was a separate agreement, independent of its underlying contract. The Supreme Court relied on several judgments, including Reva Electric Car Co. Pvt Ltd v Green Mobil 2002 (2) SCC 93 and Today Homes and Infrastructure Pvt. Ltd v Ludhiana Improvement Trust 2014 (5) SCC 68 and Enercon v Enercon 2014 (5) SCC 1, the dispute between the parties concerns the relationship created by Protocol D, so that the arbitration agreement it contains would read the parties.

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