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PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Kamal Gupta – Appellant
Versus
L. R. Builders Pvt. Ltd – Respondent
| Table of Content |
|---|
| 1. non-signatory presence in arbitration proceedings. (Para 2 , 3) |
| 2. applications for intervention by non-signatories. (Para 4 , 5 , 6) |
| 3. arguments against intervention of non-signatories. (Para 8 , 9 , 10) |
| 4. court observations on jurisdiction and arbitral procedures. (Para 11 , 12 , 13 , 14) |
| 5. permissibility of non-signatory presence in arbitral proceedings. (Para 15 , 21 , 23) |
| 6. boundaries of judicial intervention in arbitration. (Para 18 , 19 , 22) |
| 7. final order on the intervenors’ applications. (Para 24 , 25) |
JUDGMENT :
1. Leave granted.
(a) Whether it is permissible for a non-signatory to an agreement leading to arbitration proceedings to remain present in such arbitration proceedings?
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 Kamal Gupta (hereinafter referred to as ‘PG’ and ‘KG’). The said oral agreement was said to be reduced in a Memorandum of Understanding /Family Settlement Deed (hereinafter referred to as ‘the MoU/FSD’) dated 09.07.2019. This MoU/FSD was not signed by Rahul Gupta, son of KG (hereinafter referred to as
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....
A non-signatory party could be subjected to arbitration provided these transactions were with group of companies and there was a clear intention of the parties to bind both, the signatory as well as ....
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....
A valid arbitration agreement exists even if appointment procedures are unenforceable; courts should minimize intervention and uphold party autonomy in arbitration processes.
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