Arbitration clause When can be held to be valid

[2010] 98 CLA (Snr.) 1 (Bom.)

Rajiv Vyas


Johnwin Manavalan and another

Arbitration Petition No. 222 of 2008

Decided by the High Court of Bombay

S J Kathawalla, J

6th July 2009

[2010] 2 Comp LJ 454 (Bom.)

Section 7 Arbitration agreement Arbitration clause When can be held to be valid, subsisting and binding between parties Where there is an agreement executed between the parties and the parties have not made the agreement dependent upon any terms to be agreed upon in future and the parties are ad idem on the terms of the agreement including the arbitral clause and the consent of the parties to be bound by the agreement upon execution is evident, the agreement must be held to be complete and binding between the parties and also the arbitration clause to be valid, subsisting and binding between the parties.

Section 9 Interim relief by court When petitioner is not entitled to protective relief as an interim measurer Where the petitioner had admitted that the respondents and other signatories to the shareholders™ agreement had throughout carried on business in spite of non-complete and non-solicitation clause of that agreement and the petitioner had never objected to the same, the petitioner would not be entitled to relief under section 9 to the effect of restraining respondent from carrying on business similar to the business of the company.


Tag: Arbitration Agreement

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