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DELHI HIGH COURT
MUKTA GUPTA
Vistrat Real Estates Private Limited – Appellant
Versus
Asian Hotels North Ltd. – Respondent
| Table of Content |
|---|
| 1. petition for appointment of arbitrator. (Para 1 , 2 , 3 , 4 , 5) |
| 2. objections to arbitration due to third-party claims. (Para 6 , 8 , 9 , 10) |
| 3. doctrine of competence-competence in arbitration. (Para 11 , 12 , 13 , 14) |
| 4. court orders appointment of arbitrator. (Para 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT
1. By this petition, the petitioner seeks appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short `the Act').
2. According to the petitioner, the petitioner purchased the ground 7th, 8th, 9th, 10th, 11th and 12th floors of New Tower, Bhikaji Cama Place, R. K. Puram, New Delhi along with the respective car parking areas at the Hyatt Complex from the respondent vide four registered Sale Deeds dated 12th May, 2014 (in short the Agreements) along with perpetual right to use car parking area.
3. The petitioner transferred and assigned all rights and title in the premises to IndusInd Bank Limited along with perpetual right to use car parking area. Thereafter, the petitioner sought refund of the security deposit
The court affirmed that valid arbitration agreements empower arbitrators to decide issues of non-signatories, relying on the competence-competence principle under the Arbitration and Conciliation Act....
The main legal point established in the judgment is that the issue of the involvement of a third party and the entitlement to the refundable security deposit, in the context of arbitration, is to be ....
The main legal point established in the judgment is that the arbitrator's decision must be in accordance with the terms of the agreement, and failure to do so can result in the decision being set asi....
The court reinforced the principle that arbitration agreements must be enforced and that jurisdictional issues regarding non-signatories should be resolved by arbitral tribunals, aligning with preced....
A non-signatory to an arbitration agreement cannot invoke the arbitration clause of the agreement to which it is not a party.
An arbitration clause providing for the appointment of a sole arbitrator by a person who is likely to be biased in favor of a party is violative of Section 12(5) of the Arbitration and Conciliation A....
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