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PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Kamal Gupta – Appellant
Versus
L. R. Builders Pvt. Ltd – Respondent
Headnote: Read headnote
JUDGMENT :
ATUL S. CHANDURKAR, J.
1. Leave granted.
2. Two questions arise for consideration in these appeals namely,
(a) Whether it is permissible for a non-signatory to an agreement leading to arbitration proceedings to remain present in such arbitration proceedings?
(b) After appointment of an arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996, whether it is permissible for the Court in such disposed of proceedings to issue any further ancillary directions concerning the arbitration proceedings that have commenced pursuant to appointment of the arbitrator?
3. Facts relevant for considering the aforesaid questions are that on 20.06.2015, an oral family settlement was entered into between members of the Gupta family, namely Pawan Gupta and
A non-signatory to an arbitration agreement cannot remain present in the arbitration proceedings as they are not bound by the award, ensuring compliance with the jurisdictional limits set by the Arbi....
Appointment of Arbitrator – Arbitral Tribunal is preferred first authority to look into questions of arbitrability and jurisdiction, and courts at referral stage should not venture into contested que....
Participation in arbitration without objection constitutes a waiver of the right to challenge the appointment of the arbitrator, as per Sections 4 and 12 of the Arbitration and Conciliation Act.
Disputes arising from a lease agreement containing an arbitration clause can be referred to arbitration even when a non-signatory is involved, provided the claims are within the scope of the arbitrat....
A valid arbitration agreement exists even if the underlying contract's enforceability is disputed, and courts must limit their inquiries to the existence of such agreements before appointing arbitrat....
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