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MILIND N. JADHAV
Alliance Import and Export – Appellant
Versus
GHCL Ltd. – Respondent
JUDGMENT :
1. These two Arbitration Applications are disposed of by the following order.
2. Both Arbitration Applications are filed by Alliance Import and Export – a partnership firm seeking appointment of Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “the said Act”). Applicant is common in both the Arbitration Applications. Respondent in Arbitration Application (L) No. 23497 of 2022 is GHCL Limited (for short “GHCL”). Respondent in Arbitration Application (L) No.23500 of 2022 is Nirma Limited (for short “Nirma”). Arbitration Agreement between the Applicant and GHCL is identical to the Arbitration Agreement between Applicant and Nirma.
3. Facts in brief are outlined herein under:-
Point of law : Arbitration - Whether the stamp duty so paid is insufficient or appropriate is a question that may be gone into at a later stage; Supreme Court would not review or go into this aspect ....
The main legal point established in the judgment is that a document can be insufficiently stamped, not unstamped, and the appointment of an arbitrator is necessary to avoid holding up arbitration pro....
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
The principle of separability, clause pertaining to settlement of disputes by Arbitration contained in substantive agreement can be taken into consideration even to decide an application under Sectio....
A party's previous unrelated legal action does not waive their right to invoke arbitration if the subsequent application under Section 8 is filed before their first substantive statement in a related....
The seat of arbitration clause, fixing the seat of arbitration at New Delhi, resulted in courts at New Delhi being exclusively competent to entertain petitions under the 1996 Act, in exercise of its ....
The main legal principle established in the judgment is that the court at the seat of arbitration has exclusive jurisdiction over all applications under Part I of the Arbitration and Conciliation Act....
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