Question
Whether a non-signatory to the arbitration agreement can
be impleaded as a party to the proceedings?Solution
In the case of Mahanagar Telephone Nigam Ltd. v. Canara Bank & Ors. 2019- The Supreme Court held that a valid arbitration agreement is the foundation stone on which the entire edifice of the arbitral process is structured. The arbitration agreement need not be in any particular form. What is required to be ascertained is the intention of the parties to settle their disputes through arbitration. Further, the Court held that the meaning of a contract must be gathered by adopting a common-sense approach, and must not be allowed to be thwarted by a pedantic and legalistic interpretation.Ā An āarbitration agreementā is a commercial document inters partes and must be interpreted so as to give effect to the intention of the parties, rather than to invalidate it on technicalities. A non-signatory can be bound by an arbitration agreement on the basis of the āGroup of Companiesā doctrine, where the conduct of the parties evidences a clear intention of the 2 parties to bind both the signatory as well as the non-signatory parties.
In the context of vicarious liability, which of the following statements is true?
Which of the following statements is true regarding suit for redemption of mortgaged property?
Opinion as to handwriting is relevant under:
What is meant by Limited Liability Partnership Agreement?
As per section 128 of the Companies Act, 2013 for how long should the books of account be preserved by a company?
Rules relating to jurisdiction of an arbitral tribunal shall be made by?
The famous case of Balfour v. Balfour relates to________________
Insurance Regulatory Development Authority was setup on the recommendation of __________________
When multiple persons are being tried jointly for the same offense, and one person makes a confession affecting both himself and others, how may the cou...
In execution of decree of money-