Case Law Details
Yukti Construction Pvt. Ltd Vs Asha Sharma (Uttarakhand High Court)
An arbitration agreement does not require registration under the Registration Act. Even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or instrument. Therefore having regard to the proviso to Section 49 of Registration Act read with Section 16(1)(a) of the Act, an arbitration agreement in an unregistered but compulsorily registrable document can be acted upon and enforced for the purpose of dispute resolution by arbitration.
FULL TEXT OF THE JUDGMENT/ORDER OF UTTARAKHAND HIGH COURT
The applicant has preferred the present Arbitration Application, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Act), to seek appointment of a sole arbitrator in terms of the Agreement dated 05.01.2016 entered into between the parties. A copy of the said agreement has been placed on record.
2. The said agreement dated 05.01.2016 is an agreement to sell an immovable property, whereunder the applicant was the agreement purchaser, and the respondents were the agreement seller. The said agreement contains an arbitration clause in Clause 12, which reads as follows :-
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