In M/s Alchemist Hospitals Ltd. vs. M/s ICT Health Technology Services India Pvt. Ltd., the Supreme Court examined whether Clause 8.28 of a Software Implementation Agreement constituted a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. Although the clause was titled “Arbitration,” the Court held that mere use of the word is not decisive. What matters is the clear intention of parties to submit disputes to a binding and final adjudicatory process. Applying the principles laid down in K.K. Modi v. K.N. Modi, the Court found that Clause 8.28 lacked essential attributes of arbitration. The process was not final or binding, as parties could approach civil courts after 15 days. Further, the so-called arbitrators were the Chairmen of the disputing companies, lacking neutrality. Reading the clause holistically, the Court concluded it contemplated only amicable settlement, not arbitration. Consequently, the appeal was dismissed and parties were directed to pursue civil remedies.