Arbitration agreement - Applicability on the party who is not ...

Exploring Non-Signatories' Role in Arbitration: Section 9 vs. Section 17 of Indian Arbitration Act 1996.

June 20, 2020

Case Laws     Indian Laws     HC

Arbitration agreement - Applicability on the party who is not the signatory of the agreement - Scope of Section 9 of the Arbitration and Conciliation Act, 1996 - The distinction between the powers under Section 9 of the Act and Section 17 of the Act has a clear rationale. An Arbitrator is a creature of the contract between the parties and therefore cannot venture outside the contract to issue directions to parties who are non-parties to the Arbitration Agreement. This limitation is not applicable to a Court exercising power under Section 9 of the Act.

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