In absence of arbitration agreement, conduct of parties doesn’t mean parties have agreed to arbitration

Eastern Coalfields Limited Vs Rrepl-Kipl (JV) (Calcutta High Court)

Held that in absence of written arbitration agreement, the conduct between the parties cannot be construed to mean that, the parties had agreed to arbitration.

Facts-

The respondent herein had applied under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator in respect of disputes arising out of a contract entered into between the respondent and the applicant which the respondent claimed to contain an arbitration agreement. Such application under Section 11 of the Arbitration and Conciliation Act, 1996 had been disposed of by an order dated April 9, 2021 review of which has been sought in the present review petition.

Conclusion-

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