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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Vijay Jain – Appellant
Versus
Laxmi Foils Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. disputes arising from facilities agreement (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. arguments regarding validity of arbitration clause (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. court's analytical approach to arbitration agreements (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. appointment of arbitrator based on prima facie existence (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present Petition, under Section 11 (6) of theArbitration and Conciliation Act, 1996, Act, has been filed seeking the appointment of a sole Arbitrator for the purpose of adjudication of disputes stated to have arisen between the parties in relation to theFacilities Agreement dated 21.02.2022, Agreement
2. As stated in the Petition, in or around March 2022, the Respondent Company was engaged in the business of manufacturing and trading aluminium hot rolled products, aluminium cold rolled products and aluminium sheets, foils, etc. under the shareholding of the Petitioners herein. It is further stated in the Petition that the Petitioners had, from time to time, granted credit facilities/unsecured loans for the p
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 held that its review under Section 11(6) is limited to confirming the existence of an arbitration agreement, without delving into substantive disputes, which is for the Arbitrator to decide....
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