Clause (b) of Clause 17 there is a clear consensus ad idem
between the parties to refer disputes under the said Software and Distribution
Agreement ... determined"
appearing in the clause did not show consensus ad idem. Thus the Hon'ble Supreme
Court in para 9 held that
same thing in the same sense. The
parties were consequently not ad idem as the terms and stipulations in the
contract were not certain ... from Clause 12
thereof and hence the parties were not ad idem. Non finalization of certain
aspects which may be considered in the lease deed
existence, that is to say the parties must be at ad idem. See Union of India v. G.S. Atwal & Co. . The question ... whether the parties were ad idem about the existence of the arbitration agreement as only then would the Arbitrators have jurisdiction. Jurisdiction of an Arbitrators
parties be considered
in order to conclude whether parties were ad idem as far as
adopting arbitration as a method of dispute resolution was
concerned ... find out whether the
correspondence shows consensus ad idem, was stated by this
Court in Rickmers Verwaltung Gmbh v.
MANU/SC/0726/1998 : Indian
M/S. Hira Mistan vs Rustom Jamshedji Noble & Others on 18 September, 1999
Equivalent
support of the
case that unless there is consensus ad idem between the parties, there can
be no case for specific performance. In Keshavlal Lallubhai ... been consensus ad item. The
burden of showing the stipulations and terms of the
contract and that the minds were ad idem is, of course
that the main attribute of any arbitration agreement is
consensus ad idem, a meeting of minds, to refer disputes to
arbitration. If this is missing ... Supreme Court held, on
facts, that there was no consensus ad idem to refer parties to
arbitration. That does not mean, however, that the requirement
above referred material
demonstrated that not only were parties ad idem that Clause 10 was a
material and essential term of the Contract, but they ... were also ad idem as
to its effect and consequences. However, the learned Single Judge has erred
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Statements of Claim disclose that
the parties were not consensus ad idem and an enforceable contract
never came into existence."
14. Mr. Jaisinghani
Statements of Claim disclose that
the parties were not consensus ad idem and an enforceable contract
never came into existence."
14. Mr. Jaisinghani
