680+ Lawyers are online 
Require certain help about the Arbitration & Conciliation Act 1996
28-Jul-2023 (In Arbitration Law)
Respected Sirs, I shall be highly thankful if you can kindly through light / guide in the matter relating to the Arbitration & Conciliation Act’1996 on the following issues: 1. As to whether a person while seeking a general membership of a non-commercial body, just by singing its membership form, except of which there is no other arbitral agreement / contract, would be a party to the arbitration, 2. As to whether a provision of an arbitration clause in the Bye Laws of the said non-commercial body, applies on its own members as if a arbitral party, 3. As to whether the Arbitration & Conciliation Act’1996 has jurisdiction over a Declaration Suit filed by a member against the said non-commercial body for non-compliance of provisions of its Bye Laws (e.g. non conduction of elections / non invitation of AGMs / non approval of accounts in the general body etc.), The cases and / or rulings in the matter may kindly be quoted for reference please.
dear reader
The Issue in relation to liability of a third party in arbitration seems to be duly settled by referred precedents. The Decision of THE SUPREME COURT OF INDIA in Deutsche Postbank Home Finance .Ltd Vs. Taduri Sridhar & Anr on 29 March, 2011 where Raveendran J took a strictly contractual view of arbitration agreements, and held that only parties to an agreement could be made party to arbitral proceedings under it. As a result, in arbitration between the prospective purchaser of property and the developer, the bank providing a loan for the purchase (with whom the purchaser had an independent arbitration agreement) was not impleaded. Similarly in S.N Prasad Vs. Monnet Finance Ltd. 2011, SC Held that there could be reference to arbitration only if there is an arbitration agreement between the parties. If there is a dispute between a party to an arbitration agreement, with other parties to the arbitration agreement as also non-parties to the arbitration agreement, reference to arbitration or appointment of arbitration can be only with respect to the parties to the arbitration agreement and not the non-parties.
The Issue in relation to liability of a third party in arbitration seems to be duly settled by referred precedents. The Decision of THE SUPREME COURT OF INDIA in Deutsche Postbank Home Finance .Ltd Vs. Taduri Sridhar & Anr on 29 March, 2011 where Raveendran J took a strictly contractual view of arbitration agreements, and held that only parties to an agreement could be made party to arbitral proceedings under it. As a result, in arbitration between the prospective purchaser of property and the developer, the bank providing a loan for the purchase (with whom the purchaser had an independent arbitration agreement) was not impleaded. Similarly in S.N Prasad Vs. Monnet Finance Ltd. 2011, SC Held that there could be reference to arbitration only if there is an arbitration agreement between the parties. If there is a dispute between a party to an arbitration agreement, with other parties to the arbitration agreement as also non-parties to the arbitration agreement, reference to arbitration or appointment of arbitration can be only with respect to the parties to the arbitration agreement and not the non-parties.
Helpful?
10+
10+
Adv. Divesh Sharma
Jaipur | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Arbitration lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
