We are the ‘Law Offices of Kr. Vivek Tanwar Advocate and Associates’ specializing in providing arbitration legal services under the Arbitration and Conciliation Act 1996. In today’s world, people rely on various services across different sectors, from healthcare to e-commerce. Our firm is dedicated to safeguarding the rights and interests of people, ensuring that they receive fair treatment and protection against any unfair trade practices or deficiencies in service.
FACTS– DHDL and Ridgewood Holdings Ltd. Invested in a joint venture to construct and maintain properties which was later sold to a company in Mauritius. DHDL filed two petitions to invoke arbitration under the agreements. DHDL submitted two petitions to compel arbitration in accordance with the contracts. The respondents argued that the agreement for sale may be used to call for arbitration, but not the agreement for construction.
ISSUE– The issue before the court was about the collusion of both the arbitration clauses.
RATIO– According to the court, no disputes can emerge from the parties’ agreement to complete the acquisition process, but since the construction agreement’s arbitration clause is still in effect, that agreement should be used to determine the arbitration’s location. The ruling detailed the authority of High Courts under Section 11 of the Arbitration and Conciliation Act, 1996, and further said that the merging of both arbitration provisions was left to the arbitrator who had been appointed. They are powers of review, where the court has the authority to determine the best course of action for dispute resolution following a careful review of the relevant facts of the dispute. The court’s powers are not just limited to directing the case to the arbitral tribunals; they must also give careful consideration to whether the dispute is amenable to arbitration and grant parties further permission to pursue arbitration. After the 2015 amendment, which tends to lessen judicial intrusion, this becomes more important.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Arbitration Law.
Written By- Adv. Varika Chahal