17 May, 2012

Legal Alert:: Arbitration Agreement Contained in MOU Continues to Exists Even After Termination of MOU-Supreme Court of India


Under Section 16(1), the legislature makes it clear that while considering any objection with respect to the existence or validity of the arbitration agreement, the arbitration clause which formed part of the contract, has to be treated as an agreement independent of the other terms of the contract. To ensure that there is no misunderstanding, Section 16(1)(b) further provides that even if the arbitral tribunal concludes that the contract is null and void, it should not result, as a matter of law, in an automatic invalidation of the arbitration clause. Section 16(1)(a) presumes the existence of a valid arbitration clause and mandates the same to be treated as an agreement independent of the other terms of the contract. By virtue of Section 16(1)(b), it continues to be enforceable notwithstanding a declaration of the contract being null and void. 
The disputes that have arisen between the parties clearly relate to the subject matter of the relationship between the parties which came into existence through the MOU. Clearly, therefore, the disputes raised by the petitioner needs to be referred to arbitration. Under the arbitration clause, a reference was to be made that the disputes were to be referred to a single arbitrator. Since the parties have failed to appoint an arbitrator under the agreed procedure, it is necessary for this Court to appoint the Arbitrator.
If you want to read the full judgment ,please make a request at legalbuddy@gmail.com

Regards
Team Legal Point Foundation
Legal Point Foundation
Deepak Miglani [President]
Dinesh Miglani [Treasurer]
Contact Number:- 9215514435[Haryana],9958086337[Delhi]
Email:- legalbuddy@gmail.com
Website www.legalpoint.in, www.deepakmiglani.com
Legal Tip is being received by approximately 500000 people. One day we will surely remove the legal ignorance from our country.

13 May, 2012