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VIPIN SANGHI
Mondrian High – Appellant
Versus
Pranav Doors and Windows Private Limited – Respondent
JUDGMENT :
VIPIN SANGHI, J.
1. This is an Application preferred by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 to seek the appointment of an arbitrator to adjudicate their disputes arising out of their agreement dated 03.03.2021, whereunder the respondent agreed to supply and install goods, i.e. windows/doors and skylight at the site of the applicant. The arbitration agreement is contained in the Terms & Conditions which formed part of the offer made by the respondent dated 03.03.2021, which was accepted by the applicant.
2. When the arbitration application was taken up for consideration on 22.07.2022, this Court passed the following order:
The applicant has preferred the present application, under Section 11(6) of the Arbitration and Conciliation Act, 1996, to seek appointment of a sole arbitrator to adjudicate the disputes, which have arisen between the parties, under their agreement. The said agreement contains an arbitration agreement in Clause 8.
The applicant has placed on record the correspondences undertaken between the parties. From the same, it appears that the respondent claims to b
The court's decision emphasized the principle that when disputes are already pending in arbitration before a designated authority, the court may not appoint an Arbitral Tribunal under Section 11(6) o....
The existence of an arbitration agreement is essential for invoking jurisdiction under Section 11(6) of the Arbitration Act.
The Micro, Small and Medium Enterprises Development Act, 2006 has overriding effect over the Arbitration and Conciliation Act, 1996 when the jurisdiction of the Council has been invoked, and the Coun....
The requirement of an arbitration agreement and the specific mechanism provided under Section 18 of the MSMED Act for conciliation and arbitration.
The MSMED Act, 2006 provides a statutory framework that allows the Facilitation Council to act as an arbitrator after conciliation, overriding the restrictions of the Arbitration Act, 1996.
The arbitration proceedings initiated under Section 18 of the MSMED Act must comply with the provisions of the Arbitration and Conciliation Act, and failure to do so constitutes a breach of the Act.
Section 34 of the Arbitration Act arises as is evident from sub Section (6) of Section 16 of the Arbitration Act, which inter alia provides that the parties aggrieved by such an arbitral award may ma....
Micro and small enterprises may opt for arbitration even if the MSMED Act applies, but medium enterprises are not governed by its provisions.
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