The Supreme Court of India in a recent decision in the matter of M/s Unissi (India) Pvt Ltd v Post Graduate Institute of Medical Education & Research in Civil Appeal No. 6093, on 1 October, examined the existence, validity and enforceability of arbitration agreements against the backdrop of section 7 of the Arbitration and Conciliation Act, 1996.
Disputes arose between the parties, whereby Unissi invoked the arbitration clause and filed an application for the appointment of an arbitrator before the trial court. The Post Graduate Institute (PGI) mainly alleged that in the absence of a signed agreement, it was implausible to presume the existence of a valid arbitration clause and, therefore, the question of appointing an arbitrator in the case did not arise. The trial court concurred with the PGI.
On appeal, the Supreme Court carefully examined the provisions of the act, read with article II para 2 of the New York Convention, which deals with the existence and validity of arbitration agreements.
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The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm that provides legal and tax counselling. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.
