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DELHI HIGH COURT
SANJEEV NARULA
Swastik Pipe Ltd. – Appellant
Versus
Shri Ram Autotech Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the arbitration request. (Para 1 , 2 , 3) |
| 2. arguments for the appointment of an arbitrator. (Para 4 , 5) |
| 3. analysis and reasoning on the validity of arbitration agreement. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. conclusion and order for arbitration appointment. (Para 17 , 18 , 19 , 20 , 21) |
JUDGMENT
Sanjeev Narula, J. The present petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the `Act'] seeks appointment of a Sole Arbitrator to adjudicate the disputes arising from the tax invoices issued by the Petitioner-Swastik Pipe Ltd. [hereinafter referred to as `SPL'] in the course of their dealings with the Respondent-Shri Ram Autotech Pvt. Ltd. [hereinafter referred to as `SRAPL'].
2. Briefly stated, the facts emerging from the petition, are as follows: SPL is engaged in the business of manufacturing, exporting, and supplying steel pipes and tubes to heavy engineering industries in India and abroad. SRAPL is in the business of manufacturing and supplying sheet metal and plastic moulded components. SRAPL placed orders with SPL for the purchase of `C.R. Strips'. The same were
An arbitration agreement under the Arbitration and Conciliation Act, 1996, does not require signatures if parties' intent to arbitrate can be inferred from conduct or written documentation.
Arbitration agreement - Appointment of Sole Arbitrator - If there is sufficient material on record to establish that condition/clause in invoices were accepted and acted upon, parties would be ad ide....
The main legal point established is that unless a party establishes a prima facie case of non-existence of a valid arbitration agreement, the parties are to be referred to arbitration.
The main legal point established in the judgment is that the existence of an arbitration agreement can be inferred through a series of correspondence or on the demur of one of the parties to an arbit....
An arbitration agreement may be valid without signatures if its essential attributes are satisfied, including mutual acknowledgment of disputes by parties.
The court ruled that allegations of fraud do not negate the enforceability of an arbitration agreement, which operates independently from the underlying contract.
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