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SESSION 5

Protecting the arbitration – Anti-arbitration Injunctions; Challenge by Non-signatory

Speaker, Sharan Jagtiani concentrated on the question of how to protect an arbitration. He mentioned that there are three broad questions in order to protect an arbitration. They are

Protecting it from whom?
Protecting from what type of challenge?
When and how is the challenge made?

He shared a flow chart with the participants consisting the questions and discussed each and every question in detail with the help of case laws. He also talked about different contradictions that lies in the sphere of the Arbitration Provisions, some provisions of Section 9 and the judgments that different courts have delivered.

Furthermore, the speaker talked about how the act says that Arbitration Agreement is a species of contract but on the other hand, it must me written, signed by both the parties and exchange of communications unlike contracts where oral contracts are valid and conduct of the parties may result in acceptance of offer.

While concluding the session, speaker, Sharan Jagtiani talked about the legislature’s intent behind Section 8. He also pointed out that the mere filing of the suit will not prevent the Arbitration to go forward. Thus, the public forum is not more important than any private resolution mechanism.

Resource Person

Sharan Jagtiani

Senior Advocate, Bombay High Court