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DELHI HIGH COURT
SANJEEV NARULA
Universal Design Build – Appellant
Versus
Dealskart Online Services Private Limited – Respondent
| Table of Content |
|---|
| 1. appointment of sole arbitrator under act (Para 1 , 2) |
| 2. contention on existence of arbitration agreement (Para 3 , 4) |
| 3. analysis of clause 19's arbitration intent (Para 5 , 6 , 7 , 8 , 9) |
| 4. criteria for valid arbitration agreements (Para 10 , 11 , 12) |
| 5. dismissal of petition due to no valid arbitration (Para 13) |
JUDGMENT
Sanjeev Narula, J. (Oral)--The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as `the Act'] seeks appointment of a Sole Arbitrator for adjudication of disputes arising from a Service Agreement dated 26th February, 2019 [hereinafter referred to as `the Agreement'].
2. The arbitration clause thereunder reads as follows:
"19. Venue: Jurisdiction and Choice of Law
This Agreement and all rights, duties and obligations arising hereunder shall be governed in accordance with the laws of India. Subject to Section 20 sub-section (b) (Arbitration), any dispute, disagreement or proceeding arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the courts at New Delhi, India. "
3. The existence of the Agreement is not in dispute. However, the primary, and in
A valid arbitration agreement requires clear intent and specific terms; mere mention of 'arbitration' does not suffice. The absence of mutual intent and clarity in an arbitration clause results in di....
Arbitration agreement – Mere mentioning of terms ‘arbitration’ or ‘arbitrator’ in heading or existence of these terms in scattered manner in clauses of agreements between parties do not aggregate to ....
An arbitration clause that mandates referral to arbitration constitutes a binding arbitration agreement, regardless of discretionary language used; parties are required to adhere to the arbitration m....
An arbitration clause must clearly express the parties' intent to bind themselves to arbitration; vague references do not constitute a valid arbitration agreement.
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