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SUBODH ABHYANKAR
Santosh Patidar (Shri) – Appellant
Versus
Ayodhyabai – Respondent
Headnote: Read headnote
ORDER
1. This application under section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) has been filed by the applicant for appointment of Arbitrator to adjudicate the dispute between the parties.
2. In brief, the case of the applicant is that he had entered into an exchange agreement dated 15.10.2021, with 8 persons (assign numbers??) namely 1.Smt. Ayodhyabai W/o Late Shri Gopalji Balai, 2.Madanlal S/o Late Shri Gopalji Balai, Savita D/o Late Shri Gopalji Balai, Rekha D/o Late Shri Gopalji Balai, Krishnabai W/o Manohalji Balai, Kundan S/o Manoharji Balai, Priya D/o Manoharji Balai and Khushi D/o Manoharji Balai.
3. The said agreement was for the exchange of land, and admittedly out of the aforesaid 8 persons as party of the first part, only 5 persons have signed the agreement, and Savina, Priya and Khushi have not signed the same, and Clause 3 of the terms and conditions of the said agreement also provides for reference of dispute to Arbitrator.
4. Learned counsel for the applicant has submitted now that a dispute has arisen b
Non-signatories can be bound by arbitration agreements based on their conduct and involvement in the contractual relationship.
A binding arbitration agreement exists despite challenges to the validity of accompanying contracts, with disputes to be resolved by an appointed arbitrator.
Appointment of Arbitrator – Arbitral Tribunal is preferred first authority to look into questions of arbitrability and jurisdiction, and courts at referral stage should not venture into contested que....
The main legal point established in the judgment is the principle of minimal judicial intervention in the arbitral process, emphasizing the competence of the arbitrator to decide all preliminary issu....
Non-signatory parties can be compelled to arbitrate if the disputes are fundamentally connected and associated with each other, even if they are not parties to the arbitration agreement.
Arbitration clause persists despite challenges; disputes require arbitrator resolution.
The court ruled that non-signatories may be bound by arbitration agreements if their conduct indicates consent, but complex factual questions regarding such consent should be resolved by the Arbitral....
The court's authority under Section 11 of the Arbitration Act restricts to determining the existence of an arbitration agreement, deferring substantive disputes to the arbitrator.
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