AIROnline 2024 SC 621
Supreme Court Of India
Dhananjaya Y. Chandrachud,
J. B. Pardiwala,
Manoj Misra
, JJJ
Arbitration and Conciliation Act (26 of 1996) , S.11(6a), S.7, S.2(1)(h)— Arbitration – Non-signatory to agreement – Whether can be referred to arbitration – Issue as to who is a “party” to an arbitration agreement is primarily an issue of consent – Actions or conduct can be an indicator of consent of a party to be bound by arbitration agreement – Clauses of Family Arrangement Agreement prima facie indicated that non-signatory party may be connected to it and forms part of settlement contemplated therein – However, detailed examination of numerous disputed questions of fact was required in deciding whether non-signatory party participated in negotiation and performance of underlying contract and could be bound by arbitration agreement – It would be appropriate for arbitral tribunal to decide said questions after taking into consideration evidence adduced by parties – Arbitrator was appointed.
AIROnline 2023 SC 1219-Relied on
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