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DELHI HIGH COURT
SANJEEV NARULA
Surya Processors Private Limited – Appellant
Versus
Shree Jai Gurudev Textile Agencies – Respondent
| Table of Content |
|---|
| 1. appointment of arbitral tribunal sought. (Para 1) |
| 2. arguments on existence of arbitration agreement. (Para 2 , 3 , 4) |
| 3. court's analysis on arbitration agreement validity. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. decision to allow petition and appoint arbitrator. (Para 12 , 15) |
| 5. final conclusion and order of proceeding. (Para 13 , 14 , 16) |
JUDGMENT
Sanjeev Narula, J. (Oral)--The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter "the Act"] seeks appointment of an Arbitral Tribunal for adjudication of disputes relating to invoices issued by the Petitioner - Surya Processors Pvt. Ltd. [hereinafter "SPPL"] in the course of their dealings with Respondent - M/s. Shree Jai Gurudev Textile Agencies [hereinafter "SJGTA"].
2. SJGTA does not dispute the invoices, however, they contend that the instant petition is not maintainable as there is no arbitration agreement between the parties.
3. Ms. Tanishq Mehta, counsel for SJGTA argues that the arbitration agreement relied upon by SPPL does not fulfil the requirements of Section 7(4)(a) of the Act. A mere mention of `arbitration' in an invoice does not translate into existence of a
An arbitration agreement may be valid without signatures if its essential attributes are satisfied, including mutual acknowledgment of disputes by parties.
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....
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.
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.
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....
The inclusion of an arbitration clause in unilateral tax invoices does not constitute a valid arbitration agreement if the purchase orders do not contain or make any reference to arbitration.
The existence of an arbitration agreement can be inferred from invoices containing an arbitration clause, which parties acted upon without objection, and disputes over its validity are to be resolved....
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....
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