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DELHI HIGH COURT
VIBHU BAKHRU
Green Power International Pvt. Ltd. – Appellant
Versus
Director Managing Director Nayati Health Care and Research Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. petition for arbitration appointment. (Para 1 , 2) |
| 2. argument on arbitration agreement validity. (Para 3) |
| 3. explains requirements for arbitration agreement. (Para 4 , 5 , 6) |
| 4. court's reasoning against arbitration agreement. (Para 7 , 8 , 9 , 10) |
| 5. petition dismissed. (Para 11) |
JUDGMENT
Vibhu Bakhru, J. (Oral)--The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act'), inter alia, praying that an Arbitrator be appointed to adjudicate the disputes that have arisen in connection with the Annual Operation and Maintenance Contract dated 03.05.2017.
2. The terms and conditions included as a part of said contract also contains the following sentence:
`Jurisdiction: The Arbitration proceedings shall be conducted in the Courts of New Delhi'.
3. Mr Sinha, learned counsel appearing for the petitioner, contends that the said sentence constitutes an arbitration agreement as contemplated under Section 7 of the A&C Act. Mr Khanna, learned counsel appearing for the respondent has countered the aforesaid submission. He relies upon the decision of the Supreme Court in Jagdish Chander v. Ramesh Chander
An arbitration clause must clearly express the parties' intent to bind themselves to arbitration; vague references do not constitute a valid arbitration agreement.
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....
The court affirmed its jurisdiction to appoint an arbitrator and adjudicate disputes despite claims of exclusive jurisdiction by another venue, emphasizing the validity of the arbitration agreement a....
The court established that jurisdiction under Section 42 of the A&C Act allows it to entertain disputes for arbitration despite claims of exclusive jurisdiction in another court.
The court affirmed exclusive jurisdiction of Delhi courts for arbitration agreements, despite a designated venue in Ranchi, clarifying venue does not denote seat of 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....
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 ....
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