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JASPREET SINGH
Omex Autos Ltd. – Appellant
Versus
Hi-Tech Competent Builders Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. jurisdiction is invoked under arbitration act. (Para 1) |
| 2. existence of arbitration clause under the agreement. (Para 2 , 3) |
| 3. petitioner claims work delays and seeks arbitration. (Para 4 , 5) |
| 4. respondent contests jurisdiction and arbitration invocation. (Para 6 , 7 , 8 , 9) |
| 5. dispute existence debated by parties. (Para 10 , 11) |
| 6. petitioner asserts arbitration clause invoked. (Para 12) |
| 7. court's discretion regarding jurisdiction is affirmed. (Para 17) |
| 8. court finds disputes exist, overruling objections. (Para 18 , 19 , 20) |
| 9. court emphasizes failure to follow arbitration procedures. (Para 21 , 22 , 23 , 24) |
| 10. improper invocation of arbitration; petition is not maintainable. (Para 26) |
| 11. petition deemed unmaintainable without proper arbitration invocation. (Para 27) |
| 12. court dismisses petition but leaves arbitration door open. (Para 28 , 29) |
JUDGMENT
Jaspreet Singh, J.
The instant petition has been preferred under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996", for short) for seeking appointment of an arbitrator to adjudicate the disputes having arisen between the parties arising out of an agreement dated 0
A party must first invoke all prescribed pre-arbitration mechanisms defined in their contract, including consultations with an Architect, before seeking judicial appointment of an arbitrator under th....
The court must dismiss a petition for arbitration if the arbitration clause is not properly invoked as specified in the agreement.
The main legal point established in the judgment is that the venue of arbitration specified in the contract determines the jurisdiction of the court to entertain applications for the appointment of a....
The pre-arbitration procedures under the arbitration clause are not always mandatory, and the court may refer disputes to arbitration if the requisites of arbitrability and notice under the Arbitrati....
The court emphasized that the clear jurisdiction clause within the arbitration agreement led to habitual jurisdiction in the appointed court, regardless of other locations of execution.
The court upheld the Doctrine of Severability and Kompetenz-Kompetenz principle, affirming the independence of the arbitration clause from the main contract and the competence of the arbitral tribuna....
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