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JASPREET SINGH
Omex Autos Ltd. Thru. Mr. Anand Kumar Tiwari – Appellant
Versus
Hi-Tech Competent Builders Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. request for arbitration based on contract. (Para 1 , 2 , 3 , 4) |
| 2. disputed jurisdiction and proper invocation of arbitration clause. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court analysis on jurisdiction and arbitration clause adherence. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. court dismisses petition; future arbitration options remain open. (Para 28 , 29) |
JUDGMENT :
JASPREET SINGH, J.
1. 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 01.06.2019.
2. Shri Divyanshu Bhatt, learned counsel for the petitioner submits that the parties had entered into an agreement dated 01.06.2019 and the scope of work was largely relating to shed-large span, all miscellaneous civil/ structural work relating to setup of building, RCC Building and utilities, underground tanks, site plumbing works, road and development works and other enabling works. It is stated that the said agreement contained a
The court must dismiss a petition for arbitration if the arbitration clause is not properly invoked as specified in the agreement.
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 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 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....
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.
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