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IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH
Intec Capital Limited – Appellant
Versus
Shekhar Chand Jain – Respondent
| Table of Content |
|---|
| 1. appellant's identity and procedural context. (Para 2 , 3) |
| 2. loan agreement details and arbitration initiation. (Para 4 , 5 , 6 , 7) |
| 3. arbitrator's appointment and procedural history. (Para 8 , 9 , 10 , 11) |
| 4. filing of appeal against the arbitrator's order. (Para 12) |
| 5. appellant's arguments on incorporation of arbitration clause. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. respondents' arguments against arbitration clause applicability. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 7. court's analysis on arbitration clause incorporation. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58) |
| 8. conclusion and order setting aside the arbitrator's decision. (Para 59 , 60 , 61) |
JUDGMENT :
JASMEET SINGH, J.
1. This is an appeal filed under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996 (for brevity “the Act”) against the impugned order dated 20.04.2024 passed by the learned arbitrator in an arbitration matter, being Case Ref. No. DIAC/6864B/09-23 titled as “M/s Intec Capital Ltd. v. M/s Shikhir Plast India Pvt. Ltd. & Others”.
FACTUAL BACKGROUND
2. The description
A non-signatory guarantor may be compelled to arbitrate disputes if the guarantee incorporates the arbitration clause from the principal agreement, affirming the necessity of parties' intent in under....
Appointment of Sole Arbitrator – When there is a reference in second contract to terms and conditions of first contract, arbitration clause would not ipso facto be applicable to second contract unles....
The existence of an arbitration agreement under Section 11 requires clear indication of a binding contract, which was absent in this case; the Letter of Intent was merely a precursor to an actual con....
subject matter of suit cannot be bifurcated by leaving one portion of the dispute to be decided in the suit while referring part of a dispute between the parties to the Partnership Deed containing th....
Arbitration agreement –Clause-24 of the Brewing Agreement, which provides that the Arbitral Tribunal shall consist of three Arbitrators and that one Arbitrator shall be appointed by each of the parti....
Oral acquiescence cannot establish jurisdiction where no written arbitration agreement exists per the Arbitration Act.
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