07 December 2021 | Sapna Gupta v. Ajay Kumar Gupta and others | OMP (I) (Comm.) 281 of 2021 | Sanjeev Narula J | Delhi High Court | 2021 SCC OnLine Del 5313
A clause in a partnership deed read as follows (broken for convenience into three sentences by the court):
This clause did not amount to an arbitration agreement within the meaning of Section 7 (5) ACA because:
The court also refused to consider one other deed containing an arbitration clause as a surrounding circumstance, saying that one cannot consider the terms of other contracts, especially when the parties are different.
The court also rejected the argument, based on Vidya Drolia, that the matter should be left for the arbitral tribunal. The court said that there was ex facie no arbitration agreement.
Read the decision here.
Categories: Appointment of Arbitrators | Arbitration Agreement | Arbitration Agreement in Writing | Competence Competence | Competence of Arbitral Tribunal to Rule on its Jurisdiction | Form of Arbitration Agreement | Jurisdiction of Arbitral Tribunal | Kompetenz Kompetenz | Section 11 (6A) ACA | Section 11 ACA | Section 7 (5) ACA | Section 7 ACA | Vidya Drolia | Who Decides Question