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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J.
Mineetha C. D/o. Chandralekha – Appellant
Versus
M/s. Sun Projects India Pvt. Ltd. – Respondent
JUDGMENT :
An order referring the parties in a litigation before the Commercial Court to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Arbitration Act”) is under challenge in this proceedings under Article 227 of the Constitution of India, at the instance of the plaintiffs. The subject matter of the suit is based on a joint development agreement entered between the parties on 15.7.2013, wherein there is an arbitration clause. As per the arbitration clause (clause 41 of the agreement), the parties agreed that if any dispute or differences arise between the builder and the owners, they shall be amicably resolved, and if they failed to resolve the issue mutually, the same shall be referred to an Arbitrator mutually agreed upon between the parties and his decision shall be final and binding on them.
2. On 15.10.2019, the plaintiffs issued a notice alleging a breach of the contract by the defendants. The defendants denied the allegation of breach in the reply dated 13.11.2019 and raised a counterclaim. On 6.12.2019, the plaintiffs issued notice to the defendants under Section 21 of the Arbitration Act informing the unilateral appoin
The Arbitration Act prevails over the Commercial Courts Act regarding arbitration agreements in commercial disputes, allowing referral to arbitration despite the latter's provisions.
The jurisdiction for appeals regarding arbitration awards under the Arbitration and Conciliation Act lies with the Commercial Appellate Court as prescribed by the Commercial Courts Act, 2015, superse....
Jurisdiction of Commercial Courts – All applications or appeals arising out of arbitration under provisions of Arbitration and Conciliation Act, 1996, other than international commercial arbitration,....
The provisions of the CC Act prevail over the provisions of the A&C Act in relation to the jurisdiction and powers of Commercial Courts to deal with commercial disputes, including arbitral disputes.
Power to refer parties to arbitration where there is an arbitration agreement - Application of any of the parties to the suit, withdraw such suit or application from the court before which it is pend....
The determination under Section 8 of the Act must be made 'prima facie' at the application stage, and the provisions requiring reference to arbitration are mandatory in nature.
Disputes arising from construction and infrastructure contracts are considered commercial disputes under the Commercial Courts Act, 2015, thereby granting jurisdiction to commercial courts to adjudic....
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