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DELHI HIGH COURT
V.KAMESWAR RAO
Oyo Hotels and Homes Pvt. Ltd. – Appellant
Versus
Agarwal Packers and Movers Limited – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments of the petitioner regarding contract violation. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. court observations on arbitration agreement and its implications. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. ratio decidendi regarding arbitration and claims. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 5. final conclusion and order of the court. (Para 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 67 , 68 , 69 , 70) |
JUDGMENT
V. Kameswar Rao, J. This petition has been filed under Section 11(6) and Section 11(8) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `A&C Act, 1996.) with the following prayers:
"In view of the above submissions, the petitioner humbly prays before this Hon'ble Court that this Hon'ble Court be pleased to-
i. Appoint a Sole Arbitrator for adjudication of disputes/claims between the Petitioner and the Respondent arising out of the Services Agreement and/or;
ii. Pass any such orders that this Hon'ble Court may deem fir and proper in the facts and circu
The limited scope of judicial review under Section 11 of the Arbitration and Conciliation Act 1996 confirms that existence of an arbitration agreement alone is examined, without delving into the meri....
Judicial scrutiny under Section 11 of the Arbitration Act is limited to the prima facie existence of an arbitration agreement, with substantive issues reserved for the arbitral tribunal.
The court confirmed that a prima facie arbitration agreement exists under Section 11(6) of the Arbitration and Conciliation Act, limiting judicial scrutiny to the agreement's existence, deferring sub....
The court affirmed that distinct disputes can be arbitrated even after a prior award, emphasizing the principle of competence-competence which allows the Tribunal to resolve its jurisdictional issues....
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