Search Results Page
Search Results
1 - 10 of 14 (0.56 seconds)M/S S.Ghosh & Associates vs Delhi Development Authority on 28 March, 2017
35. In view thereof, the Court is inclined to appoint a ld. Sole Arbitrator
to adjudicate the disputes. The judgement in S. Ghosh & Associates (supra)
also was a situation where in the correspondence, after invocation of
arbitration, consent was sought for appointment of a particular Arbitrator.
Moreover, the following factors would tilt in favour of appointment of an
Arbitrator for adjudication of all disputes i.e., -
Powertech World Wide Limited vs Delvin International Gen.Trading Llc on 14 November, 2011
In Powertech World Wide Ltd. v. Delvin International General
Trading LLC, (2012) 1 SCC 361, the Court observed that once
correspondences between the parties and attendant circumstances are
conjointly read with petition, it clears the intention of the parties was to ad
idem resolve the dispute through arbitration, and claims and counterclaims
raised in correspondences between the parties is a precondition for
invocation of arbitration. The relevant extract from the decision reads:
Section 7 in The Micro, Small And Medium Enterprises Development Act, 2006 [Entire Act]
The Arbitration And Conciliation Act, 1996
Himalayan Co-Operative Group Housing ... vs Balwan Singh . on 29 April, 2015
15. He further submits that the reply which was sent to the legal notice
has been issued under a mistaken impression of fact, as the four contracts
did not contain an Arbitration Clause but it is stated to the contrary in the
said reply. According to him, a mistake by a Counsel cannot be held against
Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR ARB.P. 143/2024 Page 5 of 20
Signing Date:30.04.2024
15:16:59
the client and thus, the reference ought not to be made. Further reliance is
placed upon in Himalayan Co-Operative Group Housing v. Balwan Singh,
(2015) 7 SCC 373, paragraph 32, which states that admissions of fact made
by a counsel are binding upon their principals as long as they are
unequivocal. However, in cases where doubt exists as to a purported
admission, the Court should be wary to accept such admissions unless the
counsel or the advocate is authorised by principal to make such admission.
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
21. The Court has heard ld. Counsel for the parties. The first and foremost
fact that deserves to be highlighted is that all the nine contracts related to the
same project in Dahej, Gujarat. If the stand of the Respondent is accepted
that there is an Arbitration Clause only in five of the contracts and not to the
remaining four, insofar as the remaining four contracts are concerned,
parties would have to be relegated to civil proceedings. This would
definitely lead to multiplicity of disputes, delay in adjudication and also a
possibility of conflicting rulings. Vidya Drolia v. Durga Trading
Corporation, (2021) 2 SCC 1, clearly holds - 'the rule for the Court is when
in doubt , do refer'. In this backdrop, the facts of the case need to be
analysed.
Mahanagar Telephone Nigam Ltd vs Canara Bank on 8 August, 2019
In Mahanagar Telephone Nigam Ltd. v. Canara Bank and Others,
(2020) 12 SCC 767, the Court interpreted Section 7(4)(b) & 7(3) of the
Arbitration and Conciliation Act, 1996, and observed that the arbitration
Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR ARB.P. 143/2024 Page 15 of 20
Signing Date:30.04.2024
15:16:59
agreement may not be in a particular form but what is to be looked into is
the intention of the parties to settle their disputes and the same can also be
implied from the documents/correspondence exchanged between the parties.
The relevant portion of the said judgment is extracted below:
M/S Govind Rubber Ltd. vs M/S Louids Dreyfus Commodities Asia ... on 16 December, 2014
in Section 7(4)(b). If it can prima facie be shown that
parties are ad idem, even though the other party may
not have signed a formal contract, it cannot absolve
him from the liability under the agreement [Govind
Rubber Ltd. v. Louis Dreyfus Commodities Asia (P)
Ltd., (2015) 13 SCC 477 : (2016) 1 SCC (Civ) 733] .
The Union Of India (Uoi) vs D.N. Revri And Co. And Ors. on 2 September, 1976
9.4. Arbitration agreements are to be construed
according to the general principles of construction of
statutes, statutory instruments, and other contractual
documents. The intention of the parties must be
inferred from the terms of the contract, conduct of
the parties, and correspondence exchanged, to
ascertain the existence of a binding contract between
the parties. If the documents on record show that the
parties were ad idem, and had actually reached an
agreement upon all material terms, then it would be
Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR ARB.P. 143/2024 Page 16 of 20
Signing Date:30.04.2024
15:16:59
construed to be a binding contract. The meaning of a
contract must be gathered by adopting a common sense
approach, and must not be allowed to be thwarted by a
pedantic and legalistic interpretation. [Union of
India v. D.N. Revri & Co., (1976) 4 SCC 147]
9.5. A commercial document has to be interpreted in
such a manner so as to give effect to the agreement,
rather than to invalidate it. An "arbitration
agreement" is a commercial document inter partes,
and must be interpreted so as to give effect to the
intention of the parties, rather than to invalidate it on
technicalities."