Supreme Court of India: How to Ascertain Whether a Contract’s Chosen Form of Dispute Resolution is Expert Determination or Arbitration?

In South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd., 2018 SCC OnLine SC 2523, the Supreme Court of India decided the issue of whether a clause in question provides for arbitration or expert determination (departmental appeal). The Court observed that an arbitration should be in the nature of a judicial enquiry involving hearing…