specific performance thereof, could at
all lie. Clearly, there was no consensus ad idem between the
parties, regarding the covenants of the Agreement
heavy burden lies on the
plaintiffs to prove that there was consensus ad-
idem between the parties for a concluded oral
agreement for sale
Clause does not require
execution/signature as long as parties are consensus ad idem
Page 20 of 48
// 21 //
regarding the same. Even ... Concession Agreement.
20. He further submitted that parties were in consensus ad
idem regarding the Arbitration Clause and the Arbitration
Clause also satisfies the requirements
Material Movell (India) Pvt. Ltd.
There should be, first of all, consensusadidem between the parties
for invoking the arbitration clause.
The basic purchase ... perusal of the said invoices reveals that
there was no consensus ad idem between the parties with respect
to Arbitration clause, as claimed
volition or free will, as
does any contract. It also requires consensus ad idem. An arbitration
agreement is an agreement within an agreement. It survives ... Section 7 ,
therefore, is an expression of the volition and consensus ad idem of
the contracting parties. It is not something that can be inferred
such a situation, there can be said to be no consensus ad idem on the
introduction of the cap on the coverage by the insurer
learned
arbitrators not being able to arrive at a consensus ad idem regarding
the Presiding Arbitrator, the parties approached this Court which, by
order dated
LOAs were complied with by the
petitioners and Y2G. Consensus, ad idem, on all material
terms, is a prerequisite for a concluded contract.
(vii) Under
2021 Page 5 of 13
intention of the parties or 'consensus ad idem' has engaged the Courts often.
Let us briefly examine
arbitrator,
devolves on this Court, as there is no consensus, ad idem,
regarding the arbitrator, who would arbitrate on the
disputes between the parties
