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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S KINAGI
G4S Secure Solutions (India) Pvt. Ltd. – Appellant
Versus
CGI Information Systems and Management Consultants Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. order allowing arbitration and appointing arbitrator (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' arguments on dues and limitations (Para 6 , 8 , 9) |
| 3. court discusses jurisdiction and limitation issues. (Para 10) |
| 4. court's consideration of the arbitration agreement (Para 11 , 12 , 13 , 14) |
| 5. existence of arbitration agreement examined (Para 15) |
| 6. court affirms the need for arbitration. (Para 16) |
ORDER :
1. This Civil Miscellaneous Petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an Arbitrator to resolve the dispute that has arise between the parties in terms of clauses 14 and 25 of the service agreements dated 31.03.2016 and dated 19.09.2016 vide (Annexure-A and B) respectively, as per the provisions of the Arbitration and Conciliation Act, 1996.
2. Brief facts leading rise to the filing of this petition are as follows:
The petitioner is involved in the business of providing security and related services to its customers. The respondent is engaged in software development and providing consultancy services, including strategic IT and business consulting, systems integration, intellectual property, and etc.
3. In 2
The scope of judicial intervention under Section 11 of the Arbitration and Conciliation Act is limited to the existence of the arbitration agreement; questions of limitation are to be determined by t....
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
The arbitration application under Section 11(6) was not barred by limitation as it was filed within three years from the date of notice invoking arbitration, factoring delays linked to the Covid-19 e....
Arbitration clauses in agreements impose a duty to resolve disputes through arbitration if amicable negotiation fails, as per the Arbitration and Conciliation Act, 1996.
Claims for arbitration must be raised promptly upon accrual of rights; failure to do so results in dismissal due to limitation.
The court affirmed that contractual disputes necessitate arbitration per the agreement terms, allowing the appointment of arbitrators to resolve the issue.
The main legal point established in the judgment is the narrow scope of examination of the existence of an arbitration agreement under Section 11 of the Arbitration and Conciliation Act, 1996, and th....
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