S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC
3 months, 2 weeks ago

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC

Live Law  

The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between Factual Overview: The dispute arose regarding a Redevelopment Agreement and a Supplementary Agreement dated 20 July 2022. R-2 not being a member of the society would not have any difference as the Court can grant interim relief against third parties to protect the subject matter of the arbitration agreement. 1 made the following submissions: The writ petition filed by the R-2 became infructuous in light of the order dated 7 th September 2020, and the society executed a unilateral Deed of Assignment and Transfer dated 8 th April 2021. v., it was argued that the Court, in similar facts, held that the redevelopment agreement executed by individual members would not bind the non-signatory member of the society. The Court also observed that the society obtaining a deemed conveyance deed in their favour would not entitle them to evict or bind R-2 to the RDA.

Society Arbitration Dispute Court Transfer Property Tax Relief Redevelopment Agreement Respondent Members Petition Wings Girish Petitioner Section 9 Rda Neither A Member Mulchand Mehta Gulshan Construction Choice Developers Dem Homes Deed Of Assignment Girish Mulchand Mehta  hc  nonsignatory  dispute  society  parties  members  redevelopment  appropriate  s9  bwing  arbitration  petition  relief  agreement  petitioner  referred  bombay  court  respondent  r2

History of this topic

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
5 days, 12 hours ago

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by …

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC
1 week ago

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has held that for an arbitration agreement to be binding, neither the applicable law nor the seat or venue needs to be mentioned. Observations The court noted that the arbitration clause provided that if the parties were unable to resolve the disputes mutually, the disputes shall be referred to the Vice …

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC
2 months, 1 week ago

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that substantive objections concerning the validity and existence of an arbitration agreement can be adjudicated by the Arbitral Tribunal and not by the court under section 11 of the Arbitration Act. In doing so, the Arbitral Tribunal may also rule on any objections with respect to the existence or …

No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court
2 months, 1 week ago

No Bar To Avail Remedy U/S 9 Of Arbitration Act Even Against Non-Parties To Subject Matter Of Dispute: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that the Plaintiffs are not barred from availing the remedy under Section 9 of the Arbitration and Conciliation Act, 1996 even against individual/entities who are not party to the Family Settlement out of which the dispute arose. The application for ad interim injunction was held to be not …

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court
3 months, 1 week ago

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Chief Justice Mr. Ramesh Sinha has held that two arbitration petitions for the same relief cannot be filed. The members of the applicant Society are the lessees of the respondent, a registered private Company and all the individual members have entered into lease agreement for transfer of individual shop. It also submitted that despite …

Group Of Companies | Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn't Preclude Arbitral Tribunal From Applying GOC: Bombay High Court
11 months, 1 week ago

Group Of Companies | Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn't Preclude Arbitral Tribunal From Applying GOC: Bombay High Court

Live Law  

The Bombay High Court single bench of Justice R I Chagla held that the arbitral tribunal has the power to decide whether the non-signatory is bound by the Arbitration Agreement and to implead the non-signatory. The High Court noted that the Supreme Court in this case held that the Arbitral Tribunal possesses the authority to determine if a non-signatory is …

Individual/Minority Members Of Housing Society Can't Invoke Arbitration Clause In Development Agreement: Bombay High Court
1 year, 1 month ago

Individual/Minority Members Of Housing Society Can't Invoke Arbitration Clause In Development Agreement: Bombay High Court

Live Law  

The Bombay High Court bench comprising Justice Manish Pitale held that individual and minority members of a society cannot invoke arbitration clauses in development agreements against the developer. The High Court held that when a cooperative housing society enters into a development agreement, the majority members' decision would prevail, subsuming individual members' desires within the society's collective representation. Consequently, the …

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine
1 year, 1 month ago

Claims Related To Company Are Arbitrable Even Though It Is Non-Signatory To Arbitration Agreement, Delhi High Court Reinforces GOC Doctrine

Live Law  

The Delhi High Court bench comprising Justice Pratibha M. Singh held that the disagreements related to the partners' business activities, whether conducted through the firm or the company, fall within the scope of arbitrable matters. Ltd. and held that common business ventures of the partners, whether conducted through the firm or the Company, fell within the purview of the arbitration …

Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court
1 year, 4 months ago

Issue Of Non-Stamping Of Arbitration Agreement Not Raised Before The Arbitrator, Cannot Be Raised Subsequently Under Section 34 Or 37 Of The A&C Act: Bombay High Court

Live Law  

The High Court of Bombay has held that if the issue of non-stamping or insufficient stamping of the arbitration agreement is not raised before the arbitrator or on the first possible opportunity, then it cannot be raised subsequently under Section 34 or 37 of the A&C Act. The Court held that an appeal to challenge an arbitral award cannot be …

Finding Of The Tribunal Regarding The Existence Of The Arbitration Agreement Should Not Be Interfered With Unless It Is Manifestly Clear That There Was No Agreement: Calcutta High Court
1 year, 8 months ago

Finding Of The Tribunal Regarding The Existence Of The Arbitration Agreement Should Not Be Interfered With Unless It Is Manifestly Clear That There Was No Agreement: Calcutta High Court

Live Law  

The High Court of Calcutta has held the Courts, while exercising powers under Section 48 of the A&C Act, cannot re-appreciate the evidence or substitute its view with that of the arbitral tribunal. : the respondent contended that the petitioner has not filed, with the arbitration award, a copy of the original arbitration agreement, therefore, the enforcement should be refused …

Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates
1 year, 11 months ago

Court May Decline To Refer Parties To Arbitration If Dispute Doesn’t Correlate To Arbitration Agreement: Delhi High Court Reiterates

Live Law  

The Delhi High Court has reiterated that mere existence of an arbitration agreement or arbitration clause would not be sufficient to refer the parties to arbitration and that even in the presence of an arbitration agreement, the court may decline to refer the parties to arbitration if the dispute does not correlate to the said agreement. The bench of Justice …

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court
2 years ago

Clause Captioned As “Arbitration”, Doesn’t Conclusively Imply Mandatory Nature Of Arbitration: Bombay High Court

Live Law  

The Bombay High Court has ruled that the use of the word ‘can’ in the relevant clause has the effect of qualifying Arbitration as a mode of settlement, and the mere fact that a particular clause is captioned as “Arbitration”, does not conclusively imply the mandatory nature of arbitration when the option is left to the parties to settle their …

Arbitral Reference Can’t Be Made Mechanically Under Section 8, If Some Parties To Suit Are Non-Signatories To Arbitration Agreement: Bombay High Court
2 years, 1 month ago

Arbitral Reference Can’t Be Made Mechanically Under Section 8, If Some Parties To Suit Are Non-Signatories To Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that if the plaintiff seeks relief in a suit against parties, some of whom are not signatories to the arbitration agreement, the matter cannot be mechanically referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The Court took note that the Long Form Agreement, containing the arbitration clause, was signed …

Invoking CIRP Would Not Make The Dispute Non-Arbitrable : Delhi High Court
2 years, 2 months ago

Invoking CIRP Would Not Make The Dispute Non-Arbitrable : Delhi High Court

Live Law  

The High Court of Delhi has held that the dispute would not become non-arbitrable merely because the petitioner, before filing the application for appointment of arbitrator, has filed a corporate insolvency application under Section 9 of the IBC. The Court held that when the respondent has constantly denied its liability to pay, the claimed amount does not transfer into an …

NCLT Can't Refer To Arbitration U/S 8 Of The A&C Act While Exercising Powers U/S 7, 9 And 10 Of The IBC: NCLAT Principal Bench
2 years, 5 months ago

NCLT Can't Refer To Arbitration U/S 8 Of The A&C Act While Exercising Powers U/S 7, 9 And 10 Of The IBC: NCLAT Principal Bench

Live Law  

The NCLAT Principal Bench comprising of Justice Anant Bijay Singh, Judicial Member and Ms. Shreesha Merla, Technical Member in the matter of Trafigura India Pvt. Ltd. V. TDT Copper Ltd. upheld the order passed by the Adjudicating Authority which upheld the order of the AA, dismissing Appellant's S. 9 Application under IBC on the ground that unpaid amounts in the …

Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court
2 years, 5 months ago

Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that in an agreement executed by both the parties which contains independent terms and conditions, a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. The petitioner argued that the said proposal containing an …

Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court
2 years, 6 months ago

Arbitration Clause, Effect Of Novation; Can't Be Decided Under Section 11 Of A&C Act: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that the issue whether an agreement containing an arbitration clause stood novated with the execution of a second agreement and thus, the arbitration agreement between the parties was not subsisting, cannot be decided at the stage of reference to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996, since it involves a …

Notice Under Section 21 Of A&C Act Issued; Court Not Barred From Exercising Jurisdiction Under Section 9: Bombay High Court
2 years, 6 months ago

Notice Under Section 21 Of A&C Act Issued; Court Not Barred From Exercising Jurisdiction Under Section 9: Bombay High Court

Live Law  

The Bombay High Court has ruled that merely because a notice under Section 21 of the Arbitration and Conciliation Act, 1996 to refer the disputes to arbitration is issued by a party, the Court is not barred from exercising jurisdiction under Section 9 of the A&C Act for interim measures. 6, failed to cooperate in the redevelopment work and refused …

Non Applicability Of Section 9 Of The A&C Act Can't Be Presumed If Parties Opted For Foreign-Seated Institutional Arbitration: Delhi High Court
2 years, 7 months ago

Non Applicability Of Section 9 Of The A&C Act Can't Be Presumed If Parties Opted For Foreign-Seated Institutional Arbitration: Delhi High Court

Live Law  

The High Court of Delhi has held that merely because the parties have chosen a foreign-seated institutional arbitration under the UNCITRAL Law, they cannot be presumed to have entered into an agreement to exclude the applicability of Section 9 of the A&C Act as provided under the proviso to Section 2 of the A&C Act. Objection regarding the maintainability of …

Once The Right To Refer The Dispute To Arbitration Is Waived By A Party, It Cannot Be Reclaimed: Karnataka High Court
2 years, 7 months ago

Once The Right To Refer The Dispute To Arbitration Is Waived By A Party, It Cannot Be Reclaimed: Karnataka High Court

Live Law  

The Karnataka High Court has ruled that if a party has disputed the arbitrability of a dispute raised by the opposite party, in its reply to the notice invoking the arbitration clause, it is deemed to have waived its right to seek the reference of the dispute to arbitration. The petitioner submitted before the Commercial Court that the respondent had …

Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court
2 years, 8 months ago

Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court

Live Law  

The Bombay High Court has ruled that invocation of arbitration has to be in clear terms, as specified in Section 21 of the Arbitration and Conciliation Act, 1996, and that a mere reference to the claims and disputes sought to be raised by a party, and the existence of an arbitration clause, would not itself mean that arbitration has been …

Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court
2 years, 8 months ago

Non-Filing Of Application U/S 8 Arbitration Act Before Civil Court Does Not Debar Party From Seeking Appointment Of Arbitrator: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday reiterated that non-filing of an application under Section 8 of the Arbitration and Conciliation Act would not mean that the petitioner has surrendered to the jurisdiction of the court and left the right to get the disputes resolved through arbitration so as to debar the petitioner for seeking appointment of …

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court
2 years, 10 months ago

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court

Live Law  

The Gujarat High Court has ruled that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been disposed of, a subsequent similar application seeking similar reliefs, which were already dealt with in the earlier proceedings, is not maintainable. Thereafter, the appellant filed an application under Section 9 of the A&C Act for …

Arbitration Court Reckoner : February 2021
3 years, 11 months ago

Arbitration Court Reckoner : February 2021

Live Law  

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of February 2021 under the Arbitration & Conciliation Act, 1996. Section 9 Court required to mould relief to secure claim of applicant in arbitral proceedings where Respondent has no assets at all or its assets are fully …

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC [Read Judgment]
4 years, 10 months ago

Non-Participation In Arbitral Proceedings Results In Waiver Of Right To Raise Objections On Jurisdiction After Award : SC [Read Judgment]

Live Law  

The Supreme Court on Wednesday held that non-participation in Arbitral proceedings by a party and failur to raise objections before the Arbitrator would preclude the party from doing so after the passing of an Arbitral Award.A bench comprising Justices Uday Umesh Lalit & Vineet Saran further pointed out that the specification of a "Venue" or "Place" of arbitration may not …

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]
5 years, 11 months ago

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]

Live Law  

The Bombay High Court has held that a court, under the Arbitration and Conciliation Act, 1996, can entertain and grant any interim or ad-interim relief in an application under Section 9 of the said Act when a document containing arbitration clause is unstamped or insufficiently stamped. The full bench of the High Court also held that, in view of Section …

Third Parties To Arbitration Proceeding Entitled To Appeal If They Are Affected By Arbitrator’s Decision: Bombay HC [Read Judgment]
6 years, 6 months ago

Third Parties To Arbitration Proceeding Entitled To Appeal If They Are Affected By Arbitrator’s Decision: Bombay HC [Read Judgment]

Live Law  

In a landmark judgment, the Bombay High Court has held that a third party to an arbitration proceeding has the right to maintain an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, if they are affected by an order passed by an arbitrator under Section 17 of the said Act.Justice RD Dhanuka heard a batch of 13 …

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