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DELHI HIGH COURT
PRATEEK JALAN
Buildmyinfra Private Limited – Appellant
Versus
Gyan Prakash Mishra – Respondent
| Table of Content |
|---|
| 1. overview of dispute and agreement. (Para 1 , 2) |
| 2. claim of violation by respondent. (Para 3 , 4) |
| 3. invocation of arbitration clause. (Para 5 , 6) |
| 4. arguments against arbitration. (Para 8 , 14) |
| 5. court's reasoning on jurisdiction and agreement validity. (Para 9 , 10 , 12 , 13) |
| 6. rejection of respondent's defenses. (Para 11 , 15) |
| 7. conclusion and appointment of arbitrator. (Para 16 , 17) |
JUDGMENT
Prateek Jalan, J. (Oral)--By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate the disputes arising between the parties under a "Confidentiality and Non-Compete Agreement" ["the Agreement"] dated 01.07.2019.
2. The contention of the petitioner, which is engaged in the business of providing industrial solutions, is that it issued an offer letter dated 10.07.2018 to the respondent to join its employment and the respondent accepted the same and joined the employment of the petitioner on 17.07.2018. Following his appointment, the respondent signed the Agreement dated 01.07.2019. The recital to the Agreement notes that the respondent was designated as the Project Head
The court affirmed the enforceability of an arbitration agreement and the jurisdiction under Section 11 of the Arbitration and Conciliation Act, despite challenges regarding the validity of signature....
The court reaffirmed that disputes arising from contractual agreements, including claims of breach, are arbitrable and emphasized the limited scope of judicial review under Section 11 of the Arbitrat....
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....
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