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DELHI HIGH COURT
ANUP JAIRAM BHAMBHANI
Shristi Infrastructure Development Corporation Ltd. – Appellant
Versus
Ircon International Limited – Respondent
| Table of Content |
|---|
| 1. petitioner seeks arbitration appointment due to disputes. (Para 1 , 2 , 5) |
| 2. arguments about arbitration clause's validity. (Para 3 , 4 , 6 , 9) |
| 3. court examines conflict between contract clauses. (Para 10 , 11 , 12) |
| 4. reference to crucial supreme court decisions. (Para 13 , 14 , 15) |
| 5. court confirms valid arbitration agreement and decision. (Para 16 , 17 , 19 , 20 , 23) |
| 6. final orders and application dispositions. (Para 25 , 26) |
JUDGMENT
Anup Jairam Bhambhani J. (Oral)--By way of the present petition under section 11 of the Arbitration & Conciliation Act 1996 (`A&C Act 'for short), the petitioner seeks appointment of an arbitrator to adjudicate upon the disputes that are stated to have arisen with the respondent from Agreement dated 05.01.2005.
2. Notice on this petition was issued on 08.04.2021; whereupon the respondent has filed its reply dated 29.07.2022.
3. Mr. Anand Mishra, learned counsel for the petitioner has drawn the attention of this court to clause 72.2 of Agreement dated 05.01.2005 which comprises the arbitration agreement; and contemplates reference of disputes between the parties to arbitration in accordance with the A&C Act.
4. Counsel has a
An arbitration agreement is separate and only superseded by clear provisions stating so; courts favor referring disputes to arbitration when in doubt regarding the validity of such agreements.
The appointment of an arbitrator is valid under revised jurisdictional laws, superseding past dismissals on grounds of territorial limitations.
The main legal point established in the judgment is the determination of the precedence of arbitration clauses in an integrated transaction and the referral of disputes to the appropriate arbitration....
The main legal point established in the judgment is the importance of written consent for arbitration, the effect of the appointment of an arbitrator, and the availability of statutory remedies under....
The designation of a location for arbitration proceedings does not establish the seat of arbitration, impacting the court's territorial jurisdiction over related petitions.
An arbitration agreement must evidence an unambiguous intention to refer disputes to arbitration, and mere use of the word 'arbitration' is not sufficient to construe an agreement as an arbitration a....
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