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A company cannot be described a party to arbitration if it has not signed contract

Raj Kumar Makkad ,
  08 June 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Party to Contract - Determination thereof - Whether a company could be said to be a party to a contract containing an arbitration agreement, even though it did not sign the agreement containing an arbitration clause, with reference to its subsequent conduct?
Citation :
Indowind Energy Ltd. v. Wescare (I) Ltd. and Anr. (Decided on 27.04.2010) MANU/SC/0300/2010

 Held, in the absence of a ratification, approval, adoption or confirmation of the agreement, a company could not be said to be a party to a contract containing an arbitration agreement, when it did not sign the agreement containing an arbitration clause, with reference to its subsequent conduct. In the present case, Respondent No. 2 and Appellant are two independent companies incorporated under the Companies Act, 1956 having separate and distinct legal entity. Mere fact that Respondent No. 2 described Appellant as its nominee or as a company promoted by it, will not make Appellant a party in the absence of a ratification, approval, adoption or confirmation of the agreement by the Appellant.

 

 
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Published in Corporate Law
Views : 2565




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