File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

No Need For A Written Arbitration Clause For Appointing Arbitrator By Consent Of Parties: Supreme Court Of India

In Swadesh Kumar Agarwal case[1] decided on 5th May 2022, Supreme Court of India ruled that there is no requirement of a written arbitration agreement between the parties, if the arbitrator is appointed under Section 11(5) of the 1996 Act[2] but the existence of a written an arbitration clause is mandatory if an application for appointment of arbitrator is filed in the court under Section 11(6) of the Act.

The general mis-understanding about the requirement of a written arbitration agreement is clarified by the Bench of the Supreme Court of India bench consisting of Hon'ble Judges Mr MR Shah & Mrs B.V.Nagrathna.
 
The fact of the case is that both the parties appointed a sole arbitrator to resolve certain family related issues, by consent. The arbitration got delayed and one of the parties filed an application under Section 14(1)(a) seeking to remove the arbitrator on the ground of the inability of the arbitrator to conclude the proceedings within time.

The district court dismissed the case. Hence the aggrieved party appealed to the High Court and also filed an application under Section 11(6) seeking appointment of new arbitrator. The High Court allowed the appeal and also appointed an arbitrator exercising its powers under Section 11(6), which came to be challenged in the Supreme Court of India.
 
Hon'ble Supreme Court while deciding the said case, settled law that High Court can exercise Jurisdiction under 11(6) only if there is a written arbitration clause and not otherwise. But for the parties to appoint an arbitrator by consent there is no requirement of a written arbitration clause.

End-Notes:
  1. Swadesh Kumar Agarwal v/s Dinesh Kumar Agarwal & others Civil appeal Numbers 2935-38 of 2022
  2. Arbitration and Conciliation Act, 1996

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly