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NEENA BANSAL KRISHNA
Khushali Chugh D/o. Late Mr. Vijay Chugh – Appellant
Versus
Vaykkakkara Sankara Narayanan – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. All three petitions are being decided together as they involve common facts.
ARB.P. 165/2019
2. A Petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “A&C Act, 1996”) has been filed for appointment of an Arbitrator for adjudication of the disputes between the parties.
3. It is submitted in the petition that the petitioners are the daughters of Late Mr. Vijay Chugh. During his life time, Mr. Vijay Chugh along with respondent No. 1 Vaykkakkara Sankara Narayanan incorporated Hysel India Private Limited (hereinafter referred to as "Hysel") in the year 1998 in which both Mr. Vijay Chugh and Respondent No.1 were directors and had 50% shareholding, each. After the demise of Mr. Vijay Chugh, petitioner No.1 Ms. Khushali Chugh was appointed as a Director in Hysel on 30th June, 2017 and became a 50% shareholder. It is asserted that Hysel until recently was engaged in the business of trading in Life Science research products.
4. Mr. Vijay Chugh during his lifetime, incorporated another Company by the name of Everon Life Sciences Private Limited (hereinafter referred to as “Everon”) along with his brother Mr. Vid
A binding arbitration agreement exists despite challenges to the validity of accompanying contracts, with disputes to be resolved by an appointed arbitrator.
The issue of non-arbitrability is required to be decided at the referral stage, and the Court has the jurisdiction to review the non-arbitrability aspects at the initial stage.
The main legal point established is that lack of consensus ad idem on the arbitration procedure can justify court appointment of an arbitrator, and previous adjudication does not necessarily bar arbi....
Scope of an arbitration agreement is limited to the parties who entered into it and those claiming under or through them, Courts under English Law have, in certain cases, also applied the 'Group of C....
Non-signatory parties can be compelled to arbitrate if the disputes are fundamentally connected and associated with each other, even if they are not parties to the arbitration agreement.
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