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DELHI HIGH COURT
SANJEEV NARULA
Shivakriti Agro (P.) Ltd. – Appellant
Versus
Umaiza Infracon LLP – Respondent
JUDGMENT
[VIA HYBRID MODE]
Sanjeev Narula, J. (Oral)--The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter "the Act"] seeks appointment of a Sole Arbitrator for adjudication of disputes pertaining to the Facility Agreement dated 30th September, 2019 which contains an arbitration clause, produced hereunder:
"Article 6--Dispute Resolution and Jurisdiction
6.1 This Agreement shall, in all respects be governed by and construed in accordance with the laws of India.
6.2 The Parties hereto undertake to use their best efforts to resolve any dispute arising out of or in connection with this Agreement through consultation in good faith and mutual understanding, provided that such consultation shall not prejudice the exercise of any right or remedy of either Party hereto by any such Party in respect of any such dispute.
6.3 If any dispute of difference that may arise between the Parties (other than any inter se dispute among the Requesting Parties, which shall be outside the scope of this Agreement), and the same is not resolved in mutual good faith discussion, it shall be decided by way of final and binding arbitration to be held in accordance wi
A partner's execution of a Facility Agreement binds the LLP, and objections regarding authority or non-signatory status should be resolved in arbitration.
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.
A non-signatory to an arbitration agreement cannot invoke the arbitration clause of the agreement to which it is not a party.
subject matter of suit cannot be bifurcated by leaving one portion of the dispute to be decided in the suit while referring part of a dispute between the parties to the Partnership Deed containing th....
Arbitration agreement –Clause-24 of the Brewing Agreement, which provides that the Arbitral Tribunal shall consist of three Arbitrators and that one Arbitrator shall be appointed by each of the parti....
An enforceable arbitration agreement requires mutual consent evidenced by signed documents; mere communications cannot establish such consent.
A binding arbitration agreement exists despite challenges to the validity of accompanying contracts, with disputes to be resolved by an appointed arbitrator.
The court ruled that non-signatories may be bound by arbitration agreements if their conduct indicates consent, but complex factual questions regarding such consent should be resolved by the Arbitral....
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