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
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
offer and acceptance and the parties are
not really consensus ad idem. There is thus no agreement at
all; and the contract is void. Section ... mistaken about the
same vital fact although both parties are ad idem, e.g., the
subject matter of the contract has already perished
ingredients to constitute an arbitration agreement, being:
(i) parties must be ad idem to bind themselves under an agreement;
(ii) there should be an intention ... unequivocally and clearly be seen that the parties were ad idem to the terms, it cannot be said that an agreement has come into existence
that
there is an arbitration agreement between the parties. They are ad idem of
this aspect. Both the parties have in fact filed petitions under ... sense or as
it is sometimes put, there should be consensus ad idem. And from
this it follows that a party may be taken
contract would bind the parties and unless the absence of ad idem can be shown, the other Courts should avoid exercising jurisdiction. While expressing such ... that such a note has been issued on the foundation of ad idem. It has been stated at the Bar, the National Open School
Ujwala Raje Shah vs Veer Corporation on 4 March, 2013
Author: R.D.Dhanuka
Bench
essential for the Court to find that
the parties were ad idem for referring the disputes to arbitration.
14. In the present case, there ... would be referred for sole arbitration.
34. Parties have to be ad idem on material terms of the
contract when they enter into a contract
contract must bind the parties and unless the
absence of ad idem
can be shown, other Courts should avoid exercising the
jurisdiction. He further insisted ... used, it would bind
the parties unless the absence of ad idem is shown. Even in absence
of such words, looking to the surrounding circumstances
counsel appearing for the respondent
contended that there is no consensus ad idem between the
parties on the point of reference to an arbitration;
pursuant ... appellant had
agreed thereunder. No arbitration clause emerged by
consensus ad idem. Therefore, there is no arbitration
agreement for reference of the dispute for arbitration
