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DELHI HIGH COURT
VIBHU BAKHRU, AMIT MAHAJAN
Hetampuria Tax Fab – Appellant
Versus
Daksh Enterprises – Respondent
| Table of Content |
|---|
| 1. arbitration agreement challenges (Para 1 , 2 , 3) |
| 2. contractual relationship and debt claims (Para 4 , 5 , 6) |
| 3. delivery challan and arbitration clause validity (Para 7 , 8 , 9) |
| 4. unilateral documents don't form arbitration agreement (Para 10 , 12 , 14) |
| 5. definition of arbitration agreement under a&c act (Para 11 , 16) |
| 6. conduct of parties and existence of agreement (Para 15 , 18 , 19) |
| 7. precedents on arbitration clause reliance (Para 20 , 21) |
| 8. final decision on appeal dismissal (Para 22) |
JUDGMENT
Vibhu Bakhru, J. (ORAL)
1. The appellant has filed the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning an order dated 19.07.2022 (hereafter `the impugned order') passed by the learned Single Judge. By the impugned order, the learned Commercial Court had allowed the respondent's application under Section 34 of the A&C Act [being O.M.P. (Comm.) 41/2022 captioned Daksh Enterprises v. M/s Hetampuria Tax Fab] assailing an arbitral award dated 16.03.2020 (hereafter `the impugned award') passed by an Arbitral Tribunal comprising of three members constituted by Delhi Hindustani Mercantile Association (Registere
An arbitration agreement must be mutual and in writing; mere acceptance of delivery does not constitute agreement to arbitration terms if not clearly established.
The court established that an arbitration agreement can be inferred from the conduct of the parties and the documents exchanged, and that a signed delivery challan containing an arbitration clause co....
Acknowledgment of tax invoices and delivery challans with arbitration clause, plus partial payments without protest, creates valid arbitration agreement despite absence in purchase orders.
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....
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 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 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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