High Court of Calcutta

Luxmi Township Limited v. Asif Iqbal Hussain and Ors.

MANU/WB/0640/2015

11.08.2015

Arbitration

Opposing an interim injunction does not necessarily constitute submitting a first statement on the substance of the dispute

Waiver of a right by a party to enforce the arbitration agreement must be gathered from the facts and circumstances of the case. The Court noted that though the Petitioner had filed a written objection to an injunction application by the Respondent, its application for arbitration could not be dismissed. The disclosure of a defence opposing a motion for interim injunction did not mean that the party had filed its first statement on the substance of the disputes. It opined, Courts must determine if by filing its pleadings a party has 'clearly and unambiguously waived its right to seek arbitration'.

Relevant

Section 8 Arbitration and Conciliation Act, 1996 Act Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya reported in MANU/SC/0310/2003
Chloro Controls (I) P. Ltd. v. Severn Trent Water Purification Inc. reported in MANU/SC/0803/2012
Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. Reported in MANU/SC/0533/2011

Tags : arbitration waive right first statement

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