Triton Technologies India (P) Ltd. v. Priyadarshini Co-op. Spinning Mills Ltd.
2009-09-29
THOTTATHIL B.RADHAKRISHNAN
body2009
DigiLaw.ai
Judgment : This arbitration request is filed placing therewith the relevant portion of the contract document which evidences that term, where by the parties have agreed to submit to arbitration, the disputes arising between them in respect of the contract. 2. The office has noted this case as defective on the premise that only the arbitration clause in the contract between the parties is filed and that as Per Cl.2(1)(a) of the Scheme for Appointment of Arbitrators and R.4(d) of the Rules, arbitration agreement in original or an attested copy has to be filed. The matter is hence listed for consideration of the submissions regarding that noting. 3. S.2(b) of the Arbitration and Conciliation Act, 1996, hereinafter, the “Act”, for short, states that ‘arbitration agreement’ means an agreement referred to in S.7, the provisions of which, in turn, provide that in Part I of the Act, ‘arbitration agreement means an agreement by the parties to submit to arbitration, all or certain disputes which have arisen or which may arise between them in respect of a definite legal relationship, whether contractual or not. Sub.s.2 of S.7 states that an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. All that is obligatory is that it should be in writing. It could be one that may be part of any among the different materials referred to in sub-s.(4) of S.7. It could also be one incorporated by reference in terms of sub-s.(5) of S.7 of the Act. 4. Cl.2 of the Scheme for appointment of arbitrators by the Chief Justice of High Court of Kerala 1996, hereinafter, the “Scheme”, regulates the submission of the requests. Sub-cl.(1)(a) of that clause provides that the Arbitration Request shall be accompanied by the original arbitration agreement or a duly certified copy thereof. R.4(d) of the Kerala Arbitration and Conciliation (Court) Rules, 1997 hereinafter referred to as the “Rules”, provide that every application to the court under the Act shall be accompanied by the arbitration agreement in original or a true copy, duly certified by the Advocate or a Notary Public. 5.
R.4(d) of the Kerala Arbitration and Conciliation (Court) Rules, 1997 hereinafter referred to as the “Rules”, provide that every application to the court under the Act shall be accompanied by the arbitration agreement in original or a true copy, duly certified by the Advocate or a Notary Public. 5. The provisions of the Act, Scheme and Rules as noted above, make it abundantly clear that when the arbitration agreement between the parties is provided as a clause in the contract between the parties, it is sufficient that the duly certified copy of that clause, thereby meaning, the clause providing for arbitration and any procedure or condition therefore, which is the arbitration agreement, is produced along with an arbitration request in terms of the Act, Scheme and Rules. 6. For the aforesaid reasons, the objection proceeding on the basis that the entire agreement between the parties (the whole contract document) has to be produced, does not stand. This arbitration request has therefore to go back to the Registry for determining whether a copy as aforesaid is placed on record for numbering and if so, to be send up for consideration. 7. The learned counsel for the petitioner states that as of now, there is a chance of conciliation between the parties and he may be permitted to withdraw this matter without prejudice. Hence this petition is closed without prejudice, clarifying the filing procedure.