agreement, that
is to say that the parties must be ad idem.
7. In order to appreciate the contention of
Mr. Jain in the correct ... ad idemthe
agreement even if it is written agreement is not invokable
or applicable by way of arbitration.Dictionary meaning
of the word `ad idem
decision of such
tribunal; and
(iv) The parties must be ad idem.
The principles laid down in the aforementioned decision are not in
question ... bound by the
decision of the tribunal. The parties were also ad idem.
In the aforesaid view of the matter, it must be held that
that Respondent Nos. 1 and 2 and the Applicant
were in ad idem for the implementation and the
execution of the agreements. Especially, when
Respondent ... deduced once
it is ascertained that the parties were at ad idem either through
a contract, conduct or correspondences. (See Govind Rubber
Ltd. v. Louis
there is much to be said as to whether
parties were ad-idem as to the exact status and the role which was conferred ... parties should have arrived at a
consensus on which they were ad-idem. If one party had in their mind an adjudicatory
process which
shall appoint an arbitrator,
then the parties have already been ad idem on the real identity
of the arbitrator as appointed by them before hand
bound by the decision of the Tribunal. The parties were also
ad idem.
In the aforesaid view of the matter, it must be held that
bound by the
decision of the Tribunal. The parties were also ad idem.
In the aforesaid view of the matter, it must be held that
dotted lines contract it was held that
the consensus ad idem was absent and the element of bias
would be inherent from the facts situation
contracting parties had the same intention; In other words, the consensus ad idem would be a matter of mere conjecture."
In the same case ... contracting parties had the same intention; in other words, the consensus ad idem would be a matter of mere conjecture".
The arbitration clause
should be a valid and binding agreement, the parties must be ad idem (of the same mind);
ii. there should be an intention to refer
