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DELHI HIGH COURT
C.HARI SHANKAR
Manju Gupta – Appellant
Versus
Vilas Gupta – Respondent
| Table of Content |
|---|
| 1. disputes to be referred to arbitration (Para 1 , 2 , 3) |
| 2. previous orders and their implications (Para 4 , 5 , 6) |
| 3. existence of arbitrable disputes acknowledged (Para 7 , 8) |
| 4. arbitration clause became unenforceable (Para 9 , 10) |
| 5. legal standards for arbitration agreement (Para 11 , 12) |
| 6. opposition to the petition based on previous orders (Para 13 , 14 , 15) |
| 7. reviewing arbitrability of disputes (Para 17 , 18 , 19) |
| 8. principles of separability and competency (Para 20 , 21 , 22) |
| 9. court's discretion in arbitration (Para 23 , 24) |
| 10. appointment of arbitrator due to vacancy (Para 28 , 29 , 30) |
| 11. appointment order issued for arbitration (Para 32 , 33 , 34) |
(Video-Conferencing)
1. By this petition under Section 11 (6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), the petitioners seek reference of disputes that had arisen vis-a-vis the respondents, to arbitration, in accordance with Clause 3.15 of a Memorandum of Family Settlement (hereinafter referred to as "MFS"), dated 28th April, 2007, executed among the petitioners and the respondents, being the members of one family.
2. A reading of the MSF reveals
The existence of an arbitration agreement under Section 11(6) allows for disputes related to a memorandum of family settlement to be arbitrable, reinforcing the principle of kompetenz-kompetenz.
The existence of an arbitrable dispute, the validity of the arbitration agreement, and the existence of an arbitrable dispute are to be determined by the arbitral tribunal.
The scope of judicial review under Section 11(6A) of the Arbitration and Conciliation Act, 1996 is limited to examining whether an arbitration agreement exists and whether the dispute is arbitrable.
Court has limited jurisdiction under Section 11 of Arbitration and Conciliation Act, 1996.
Judicial scrutiny under Section 11 of the Arbitration Act is limited to the prima facie existence of an arbitration agreement, with substantive issues reserved for the arbitral tribunal.
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