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DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Alchemist Hospitals Ltd. – Appellant
Versus
ICT Health Technology Services India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. appellant's appeal arises from a high court judgment dismissing an arbitration application. (Para 1 , 2 , 3) |
| 2. dispute resolution process outlined in agreement clause focused on negotiation and mediation. (Para 4 , 5 , 6) |
| 3. key issue is validity of clause 8.28 as an arbitration agreement under a&c act. (Para 7 , 8) |
| 4. definition and requirements for an 'arbitration agreement' under a&c act established. (Para 9 , 10 , 11) |
| 5. court reviews arbitration agreement validation requirements. (Para 12 , 13 , 14 , 15) |
| 6. interpretation of agreement clause regarding arbitration leads to conclusions on intent. (Para 16 , 17 , 18) |
| 7. court emphasizes intent interpretation over mere terms usage in arbitration clauses. (Para 19 , 20 , 21 , 22) |
| 8. indications of non-binding arbitration process in clause 8.28 noted. (Para 23 , 24 , 25 , 26) |
| 9. correspondence post-notice does not validate a non-existent arbitration agreement. (Para 27 , 28 , 29) |
| 10. final ruling reaffirms lack of binding arbitration agreement and dismisses appeal. (Para 30 , 31) |
| 11. appeal dismissed, parties directed to seek remedies in civil court. (Para 32 , 33 , 34) |
JUDGMENT :
DIPANKAR DATTA, J.
1. Leave granted.
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