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2005 Supreme(Del) 818

VIKRAMAJIT SEN
BHARTI TELEVENTURES LTD. – Appellant
Versus
DSS ENTERPRISES PRIVATE LTD. – Respondent


Advocates Appeared:
RAJESH JHA, RAJIV SAWHNEY

Judgement Key Points

Based on the provided legal document, the following key points can be summarized:

  1. The court emphasized that the provisions of the Arbitration and Conciliation Act, 1996 (Part I) apply to all arbitrations and related proceedings, including international commercial arbitrations held outside India, unless explicitly excluded by agreement or specific statutory provisions (!) (!) (!) (!) (!) (!) (!) .

  2. The validity and enforceability of arbitration clauses depend on their inclusion in a written agreement signed by the parties, and such clauses can be waived through conduct, such as taking legal steps in civil courts despite the existence of an arbitration agreement (!) (!) (!) .

  3. Parties may waive their right to arbitration either explicitly or through conduct that indicates an election to pursue judicial remedies, such as filing or continuing legal proceedings in civil courts (!) (!) (!) (!) .

  4. The jurisdiction of civil courts is not entirely ousted by the arbitration statute; courts retain jurisdiction unless there is an express or clear implied exclusion, and the scheme of the law indicates the intent to exclude civil court intervention (!) (!) (!) .

  5. The venue or place of arbitration plays a significant role in determining the applicable law and jurisdiction. The law of the place of arbitration influences procedural aspects, but the law governing the contract also has a substantial impact, especially when the contract specifies Indian laws or the arbitration is conducted in India (!) (!) (!) (!) (!) .

  6. In cases involving international arbitration, the applicable legal regime depends on factors such as the location of arbitration, the law chosen by the parties, and the specific provisions of international treaties like the New York Convention. The law of the seat of arbitration is particularly influential in determining the jurisdiction and enforcement procedures (!) (!) (!) (!) (!) .

  7. The court’s role includes examining whether the arbitration agreement is valid and operative, and whether the arbitration clause has been waived or rendered inoperative by conduct. Courts should refrain from interfering with arbitration proceedings unless there is clear evidence that the arbitration agreement is null, void, or inoperative (!) (!) (!) (!) (!) .

  8. When arbitration proceedings are initiated or pending, courts may stay proceedings or enforce interim measures, but their jurisdiction is limited by statutory provisions and the conduct of the parties. The existence of an arbitration clause does not automatically preclude civil courts from exercising jurisdiction if the parties have taken legal steps inconsistent with arbitration (!) (!) (!) (!) .

  9. The law recognizes that arbitration is a preferred method of dispute resolution, but courts retain a supervisory role to ensure that arbitration clauses are valid and that proceedings are not used to abuse legal processes or cause undue delay (!) (!) (!) .

  10. The legal framework allows civil courts to intervene in arbitration matters under certain circumstances, such as to decide on the validity of arbitration agreements, to grant interim relief, or to enforce or set aside arbitral awards, provided statutory conditions are met (!) (!) (!) (!) .

These points reflect the principles outlined in the document regarding the applicability of arbitration law, waiver of arbitration rights, jurisdictional issues, and the interplay between civil courts and arbitration proceedings.


VIKRAMAJIT SEN, J.

( 1 ) SHOULD the Court e arbitration agreement exists between the parties has yet again arisen like the mythical phoenix from the ashes of litigation. Mr. Rajiv Sawhney, learned Senior counsel for the contesting Defendant has contended that the Court must forthwith refer the parties to arbitration, leaving it to the Arbitral Tribunal to decide upon its own jurisdiction viz. whether the parties before it had agreed to resolve their disputes through arbitration and/or whether the original compact to this effect does not subsist as it had been abandoned and given up or should be deemed to have been given up. In this case I have not been presented with a clean slate on which to write the judgment inasmuch as the controversy between the parties has received jural attention already. Benefitting from the detailed and erudite legal submissions made before me, it is my understanding that if possible or plausible cases are presented on behalf of both the adversaries, then the Court should direct them to ventilate their respective cases before the arbitrators. However, if upon even a cursory consideration of the facts there is a strong preponderant possibility that one of t






































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