Litigation & Dispute Resolution
TO BE OR NOT TO BE: An Assessment of a Pathological Arbitration Clause
The Hon’ble High Court of Delhi, placing reliance on a catena of judgments, has reiterated that the main attribute of an arbitration agreement is consensus ad idem to refer the disputes to arbitration. In the matter of “Sapna Gupta v. Ajay Kumar Gupta & Ors[1].”, it has been held that in case the same is missing, it is not an arbitration agreement, as defined under Section 7 of the Arbitration and Conciliation Act, 1996 (“Act”) and in the absence thereof, petition under Section 9 of the Act seeking interim measures, is not maintainable.
02 February 2022