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 LawThe 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 for violation of Section 47 of the Act. No concluded agreement : the respondent argued that there was no concluded agreement between the parties as there was no consensus ad idem between the parties regarding the terms and conditions which is evident from the fact that there was a counter-offer to the offer made by the petitioner and the respondent had also made revisions to the Fixture Note 1 sent by the petitioner. : the respondent argued that there was no concluded agreement between the parties as there was no consensus ad idem between the parties regarding the terms and conditions which is evident from the fact that there was a counter-offer to the offer made by the petitioner and the respondent had also made revisions to the Fixture Note 1 sent by the petitioner. The Court observed that the tribunal took into consideration the fact that even before the respondent sent the revised Fixture Note 1 or before the petitioner sent Fixture Note 2 to the sister concern, there were several progresses made in the execution of the agreed work as per the original understanding of the parties, ergo, there was indeed an agreement as is evident from the conduct and communication of the parties.