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SANJAY KUMAR, SATISH CHANDRA SHARMA
Glencore International AG – Appellant
Versus
Shree Ganesh Metals – Respondent
| Table of Content |
|---|
| 1. existence of arbitration clauses in contracts. (Para 4 , 5 , 6 , 7) |
| 2. parties acted under the contract despite unsigned document. (Para 9 , 10 , 11) |
| 3. trial court's rejection based on contract's signature. (Para 15 , 16) |
| 4. acknowledgment of indicative behaviors as acceptance. (Para 18 , 19) |
| 5. interpretation of arbitration agreements inclusive of un-signed contracts. (Para 25 , 26 , 27) |
| 6. judicial authority's obligation to ascertain arbitration agreements. (Para 29 , 30) |
JUDGMENT
SANJAY KUMAR, J
1. Leave granted.
2. Is there a binding arbitration agreement between the appellant and respondent No.1?
3. This question was answered in the negative by a learned Judge of the Delhi High Court on 02.11.2017. In appeal, on 14.11.2019, a Division Bench of that Court affirmed that view. Hence, this appeal.
4. Glencore International AG, the appellant, is a Swiss company engaged in the business of mining and commodity trading. Shree Ganesh Metals, respondent No.1, is an Indian proprietorship concern located at Kala Amb, Himachal Pradesh, and is a producer of zinc alloys. Respondent No. 1 had earlier purchased zinc metal from the appellant under contracts dated 20.04.2011, 01.07.2011
Arbitration agreement needs to be in writing though it need not be signed.
The existence of an arbitration agreement under Section 11 requires clear indication of a binding contract, which was absent in this case; the Letter of Intent was merely a precursor to an actual con....
An arbitration agreement must demonstrate a clear intention and obligation to refer disputes to arbitration, as per the essential attributes outlined in Section 7 of the Arbitration and Conciliation ....
Arbitration – Appointment of Arbitrator - Parties though had agreed to submit the jurisdiction of the High Court of Gujarat, they had not agreed to the procedure for the appointment of an Arbitrator.....
Arbitration agreement - Appointment of Sole Arbitrator - If there is sufficient material on record to establish that condition/clause in invoices were accepted and acted upon, parties would be ad ide....
The main legal point established in the judgment is the validity and separability of the arbitration agreement from the main contract, as recognized in Enercon GMBH & Anr. and World Sport Group (Maur....
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