Back
PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
BGM And M-RPL-JMCT (JV) – Appellant
Versus
Eastern Coalfields Limited – Respondent
| Table of Content |
|---|
| 1. existence of contract and arbitration agreement interpretation (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments on interpretation of the arbitration clause (Para 8 , 9 , 10 , 11) |
| 3. judicial review parameters under section 11 (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. scope of referral court under section 11 defined. (Para 19) |
| 5. legal principles defining arbitration agreement (Para 20 , 21 , 22 , 24) |
| 6. analysis of clause 13 as an arbitration agreement (Para 27 , 30 , 31) |
| 7. appeal dismissed as no binding arbitration agreement exists. (Para 28) |
| 8. conclusion of the appeal (Para 33 , 34 , 35 , 36) |
JUDGMENT :
MANOJ MISRA, J.
1. Leave granted.
2. This appeal impugns an order of the High Court1[The High Court at Calcutta] dated 19.01.2024 whereby the application2[A.P. No. 745 of 2023] of the appellant, under Section 11 of the Arbitration and Conciliation Act, 19963[1996 Act], was dismissed on the ground that there exists no arbitration agreement between the parties.
FACTS
3. The appellant and the respondent entered into a contract relating to transportation/handling of goods. Disputes arose between the parties during the subsistence of the contract. Clause 13 of the General Terms and Conditions
Appointment of Arbitrator – Arbitration agreement is foundation of arbitration – Referral Court before appointing Arbitral Tribunal will have to be prima facie satisfied that arbitration agreement as....
Arbitration agreement – Mere mentioning of terms ‘arbitration’ or ‘arbitrator’ in heading or existence of these terms in scattered manner in clauses of agreements between parties do not aggregate to ....
(1) Invocation of arbitration – Execution of discharge voucher – There is no rule of absolute kind which precludes arbitration in cases where a full and final settlement has been arrived at.(2) Invoc....
The existence of an arbitrable dispute, the validity of the arbitration agreement, and the existence of an arbitrable dispute are to be determined by the arbitral tribunal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
