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The case of Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. P. Ltd. clarified the application of Section 89 of the CPC regarding Alternative Dispute Resolution (ADR) in India. The Supreme Court emphasized that mutual consent is required for arbitration, while other ADR mechanisms can proceed without it, and mandated that courts must consider ADR in all cases except specific excluded categories. The ruling established guidelines for implementing Section 89, ensuring a uniform approach to ADR in

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sejal094-23

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EN